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(영문) 부산지방법원 2018.11.28 2018고정1497
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, on July 27, 2017, the Defendant: (a) received a proposal from a person who was in the name of the deceased to “be paid for 800,000 won at the time of lending an account; and (b) consented thereto; and (c) on the same day, the Defendant lent a accessible medium by promising to pay for the following: (a) by delivering a check card 1, etc. connected with the Defendant’s bank account (D) located in Busan-dong-gu, Busan-gu, to a person who was in the name of the deceased; and (b) notifying him of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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