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(영문) 인천지방법원 2018.08.30 2018고단5342
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

No one shall lend or lend any access medium with a promise to give instructions in electronic financial transactions or use and manage any access medium used to secure the authenticity and accuracy of users and the details of such transactions.

On April 2018, the Defendant would lend a check card to a person without his name on three occasions on three occasions a day from a day on which he borrowed it for gold.

“Around April 24, 2018, the Defendant’s residence located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, sent a physical card, which is an access medium to the new bank account (C) in the Defendant’s name, using the phone.

As a result, the Defendant promised to give consideration for the transaction instructions in electronic financial transactions, or lent an access medium used to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition for DNA preparation (including accompanying documents);

1. Application of statutes on an application for opening an account transaction;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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