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(영문) 부산지방법원 서부지원 2019.08.14 2019고정303
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 person shall transfer or acquire any means of access used in electronic financial transactions unless otherwise specifically provided for in any other Act.

Nevertheless, on October 4, 2018, the Defendant heard the phrase that he sent a physical card from a person who assumes a false name who assumes the name of the lending company, and transferred the means of access to a nameless person by sending the physical card connected to the account of community credit cooperatives (Account Number: C) in the name of the Defendant in front of the Defendant’s house located in Busan Seo-gu, Busan, Busan, through Kwikset Service and informing him of the personal identification number D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a investigation report (Submission of a certificate of payment from damage);

1. Relevant laws concerning criminal facts, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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