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(영문) 수원지방법원 2017.06.07 2017고단1737
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 access medium, such as an electronic card or other similar information, which is used to issue instructions on transactions or to secure the authenticity and accuracy of users and the details of transactions shall be transferred or taken over.

On December 12, 2016, in the street near the office of the defendant in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the defendant lent a e-mail card to a person without a name, and promised to receive two million won per one of the names, and then sent four copies of the e-mail card that is linked to the e-mail bank account of the defendant in the name of the defendant, through Kwikset Service Officer, and sent four copies of the e-mail card to a person without a name, and attempted to notify the password of each of the above e-mail card by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for E works;

1. Application of Acts and subordinate statutes on response details by financial institutions;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The crime of transferring an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The fact that the physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, and that the Defendant reflects the wrongness of the Defendant.

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