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(영문) 인천지방법원 2016.06.16 2016고정1280
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 borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On December 19, 2015, the Defendant received a proposal from a person whose name is unknown to the effect that he/she would offer 3.5 million won per month from a person who lends a e-mail card to another person. On December 21, 2015, the Defendant sent the e-mail card of the Defendant’s name national bank account (D) to Kwikset service, and lent the e-mail to the access media by informing the Defendant of the password.

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 on transactions and details of entry and departure transactions;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); the selection of fines for criminal facts; and the 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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