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(영문) 창원지방법원 통영지원 2019.06.20 2019고단435
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

No person shall lend any means of access, such as an electronic card, password, etc. used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and information thereon in electronic financial transactions, upon receipt, request or promise of the consideration therefor.

Nevertheless, on June 11, 2018, the Defendant received a proposal from a person who has no personal name, stating that “When sending a physical card with good credit, the Defendant would create a transaction performance through entry and exit, and then agreed to do so.” On the same day, in C located in the same day, the Defendant sent a physical card connected to the D Account in the name of the Defendant to the person who has no personal name via a house.

As a result, the Defendant promised to lend a means of access used in electronic financial transactions in return for an intangible expected profit to receive a future loan.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statement of the F;

1. Payment receipt;

1. Application of Acts and subordinate statutes to the results of inquiry into financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (which means lending any means of access) and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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