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(영문) 부산지방법원 서부지원 2019.07.25 2019고정204
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

In using and managing a means of access, no one shall promise to receive compensation and lend the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, on January 18, 2017, the Defendant received a proposal and consented to the lending of KRW 10,000,000,000 to the transaction performance when sending the card connected to the used account from a name-free person, and then issued Kwikset Card connected to the national bank account in the name of the Defendant through Kwikset Service in Daegu Suwon-gu B, Daegu-gu around January 18, 2017, and notified the account number and password by telephone.

As a result, the Defendant promised to receive intangible expectation interest that can receive a loan and lent the means of access to a person who is not his/her name.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. New warrant documents;

1. Request for cooperation in investigation (request for provision of data onCCTV image) and replys;

1. Application of Acts and subordinate statutes to report internal investigation (related to the results of execution of a warrant for search and seizure of financial accounts);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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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