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(영문) 대전지방법원 서산지원 2018.09.19 2018고단741
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

Except as otherwise expressly provided for in any other Act, no person shall lend any access medium, such as a passbook, cash card, password, etc., which is a access medium of a financial institution, to another person.

Nevertheless, on March 2018, the Defendant received a proposal that “the credit account and password to grant a loan” from a person in an influence to his/her name from a person in an influence at a time lower than influence.

On March 2, 2018, around 17:14, 2018, the Defendant: (a) placed a page on which the physical card and password connected to the bank account (D) in the name of the Defendant was sealed in a stuff; and (b) transferred it to the person who was not the name of the Defendant through a false stack engineer.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as account details;

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

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