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(영문) 창원지방법원 2018.06.01 2018고단918
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction to any third person while receiving, demanding or promising to do so.

Nevertheless, on October 26, 2017, the Defendant would pay the rental fee of three million won to a person who is in charge of the accounting of the company B, the name of which is not known, from the person who is in charge of the accounting of the company B, on the road in front of the office of the head of the Dong, Kim Jong-dong, Kim Jong-dong, Kim Jong-si on the day of October 26, 2017.

“I hear the horses to the purport, inform the passwords of the Postal Card connected to the SC bank account (C) in the name of the Defendant, and the above Postal Card was sent to Kwikset service articles whose name cannot be known in the name of Kwikseter.

Accordingly, the Defendant lent to others access media by receiving and promising the price in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of transactions of deposits and withdrawals, the results of a search and seizure warrant (the bank transaction application form and the statement of deposit and withdrawal transactions);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. In a situation where the criminal procedure of the provisional payment order, which has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, continues to take place, lending without permission a medium of access used for electronic financial transactions to a person who is unable to identify the defendant for the purpose of obtaining illegal profits, is not a good crime.

The access media lent by the defendant is a means of actually hosting crimes.

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