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(영문) 서울북부지방법원 2019.03.27 2019고정64
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

Except as otherwise provided for in any other Act, no person shall transfer or acquire any means of access, such as physical cards, in using and managing the means of electronic financial transactions.

On June 5, 2018, the Defendant: (a) received a proposal from a person who misrepresented him/her as a member of a lending company, stating that “if he/she sent an OTP card related to the account, he/she would give a loan by leaving him/her off the account number; and (b) received an investigation for suspicion of transfer of the past physical card; (c) on June 5, 2018, the Defendant was suspected of having received the above proposal; (d) however, around June 5, 2018, he/she sent an OTP card connected to the Defendant’s name bank account (D) to the Kwikset service provider who sent the above name in front of the Defendant’s residence located in Gangnam-gu Seoul Northern-gu, Seoul; and (d) thereafter, the Defendant

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. E’s written petition;

1. Application of Acts and subordinate statutes as a result of search, seizure and verification reply;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, and 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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