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(영문) 울산지방법원 2018.06.21 2018고정405
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, such as passbook, cash card, etc., necessary for electronic financial transactions, or lend or lease any access medium by demanding or promising to receive compensation therefor.

On November 28, 2017, the Defendant would give 80,000 won per day from a person who is not his/her name, with the “C” located in Ulsan-gu, Ulsan-gu, Seoul-do.

“On receipt of the commitment, the Defendant sent the physical card and password of the D Union Account (E) in the name of the Defendant, using Kwikset’s service.

Accordingly, the defendant promised to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to investigation reports (where details of financial transactions reply are attached);

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

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