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(영문) 대전지방법원 2017.06.30 2017고단1741
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 provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant, on August 2016, issued a proposal to the effect that “When opening an account by creating a business operator, and sending a passbook, OTP card, password, etc. connected to the account, he will manage the account and store the performance and then offer the loan after securing the loan.” On September 2016, the Defendant sent the access media, such as passbook, OTP card, password, etc. connected to the Korean bank D account of the name of the company C established by the Defendant, to B via Kwikset service article.

However, the defendant did not at all confirm whether he was qualified or capable of lending a loan by one name B, and there was no measure to receive the return of the above passbook, and if one name B did not return the above passbook, it was thought to accept it even if he did not return it.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes described in the petition;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the establishment of an account after the establishment of the company, and the use in the crime, and the beginning of the crime, etc. are considered.

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