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(영문) 대전지방법원 서산지원 2019.02.28 2018고단1207
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.

Nevertheless, around June 21, 2018, the Defendant listened to the statement that “the Defendant would give a low interest loan. To obtain a loan, it is necessary to have a physical card, copy of passbook, and an OTP number.” On the same day, the Defendant sent the passbook and the OTP card, which is a means of access, to the non-resident via the selective via the selective cable at Seog-si, Seog-si, Busan, 17:40 on the same day, and provided the means of access with a personal identification and a promise to provide the password, and lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the suspect interrogation protocol of the accused in the prosecution;

1. Each statement prepared by the D, E, and F;

1. Written petition and written confirmation of the results of electronic financial transfer prepared by D;

1. A petition and a personal financial transaction document prepared by E;

1. Written complaint and written confirmation of the results of electronic financial transfer prepared by the F;

1. As the Defendant alleged to the effect that he had different knowledge of sending physical cards, copies of bankbooks, etc., which constitute a crime, this is merely a mere assertion of a legal site, and thus does not interfere with the finding of the above crime. Even if the Defendant’s assertion as to the mistake of law, it is generally cases where Article 16 of the Criminal Act provides that his act of misunderstanding that he did not constitute a crime under the law shall not be punishable only when there is a justifiable reason for misunderstanding. However, it is generally a case where the act of misunderstanding that his act did not constitute a crime under the law is an offense, but it is not punishable if he knows that his act does not constitute a crime permitted under the law in his special circumstances, and there is a justifiable reason for misunderstanding.

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