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(영문) 창원지방법원 밀양지원 2018.04.12 2018고단68
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 issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction in return for the payment, demand or promise to do so.

Nevertheless, on November 8, 2017, the Defendant was called to the effect that “if you send a e-mail card, you will execute the loan” from a person who was named e-mailed bank B, and sent the e-mail card to a person who was named e-mail by using a e-mail card connected to the new bank account (E) under the name of the Defendant at Da located in Gyeongnam-gun, public official, and public official who was named e-mail.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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

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

1. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.

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