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(영문) 창원지방법원 밀양지원 2019.08.20 2019고정71
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 one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around January 2, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and consented to the purport that "if you send a physical card, you will execute the loan", and the Defendant delivered one physical card connected to the account in the name of the Defendant to the account in the name of the Defendant (D) by way of a door-to-door delivery from the C company located in the location B.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on account transfer statements and the details ofF dialogue;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts 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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