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(영문) 창원지방법원 2018.11.28 2018고단2729
전자금융거래법위반
Text

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

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

Reasons

Criminal facts

Except as otherwise expressly provided for in other Acts, no one shall lend or borrow any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction at the same time.

However, on May 25, 2018, the Defendant would lend 80,000 won with a face-to-face fee from a person who assumes a false name from a person who assumes a duty-free alcoholic beverage business operator to his/her mobile phone.

After receiving the proposal of “,” and accepting it on June 1, 2018, at the Dong-dong, Kimhae-si, one copy of the physical card connected to the name of the defendant to the Saemaul Treasury account (number C) in the name of the defendant was issued as a door-to-door, and the above account number and password was notified to the mobile phone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on account transfer;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

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