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(영문) 울산지방법원 2016.07.22 2015고단3218
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 person shall issue a transaction instruction in electronic financial transactions while receiving, demanding or promising any consideration, lend any access medium used to secure the authenticity and accuracy of the users and the details of such transaction, or keep, deliver or distribute such medium.

Nevertheless, on August 2015, the Defendant: (a) heard the phrase that “The Defendant granted money from the Defendant’s father’s wife B to lend the passbook; (b) may receive money from lending the passbook and cash card connected to the father’s account; and (c) conspired to lend the passbook and cash card connected to the Defendant’s account at a cost; (c) around that time, the Defendant sent the passbook and cash card connected to the Defendant’s name to B, and (d) sent the said passbook and cash card to B, which are linked to the Defendant’s name, through the Kwikset service article on the front day of the Ulsan-gu Kwikset apartment 101, the Defendant sent the said passbook and cash card to the Defendant.

Accordingly, the defendant, in collusion with B, lent the access media of electronic financial transactions in return for the promise.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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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