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(영문) 청주지방법원 2018.12.20 2018고정549
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding, or promising to pay a price therefor, or keep, deliver, or distribute such medium;

Nevertheless, on January 28, 2018, the defendant would like to use the "Physical Card" by telephone from a person who has no name.

In return, sending a passbook and password to reduce 400,000 won.

In other words, after receiving the proposal, it was accepted by the Cheongju City or less, the passwords of the Defendant’s corporate bank (Account Number B) and the check number of the physical card connected to the account, and the C (D) through Kwikset service article, and received 400,000 won.

Accordingly, the defendant received compensation and lent the approaching media.

2. No one shall transfer any access medium used in electronic financial transactions;

Nevertheless, around March 5, 2018, the Defendant sent the account number and password of the account in the name of the Defendant E (F) and a certificate of official approval to the non-member of the name in the Dong-dong, Seo-gu, Seo-gu, Young-gu.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. Application of Acts and subordinate statutes, such as transfer details;

1. Article 49(4)2, Article 6(3)2 (a) of the Act on Electronic Financial Transactions and Transactions (a point of lending each access medium) concerning the facts constituting an offense, Articles 49(4)1, and 6(3)1 of the Act on Electronic Financial Transactions and Transactions (a point of transfer of access medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition (only between violations of the Act on the Electronic Financial Transactions in January 28, 2018);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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