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(영문) 서울북부지방법원 2014.07.16 2014고정1428
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 transfer or lend for consideration any means of access which is the means or information used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, at around 13:00 on July 23, 2013, the Defendant offered that, “In front of the subway transit station No. 512, the subway station in Seoul Special Metropolitan City, Nowon-gu, the Defendant will use the passbook and cash card at the face of 50,000 won per day until the loan is made.” The Defendant sent each passbook, cash card, and password of two accounts in the name of the Defendant to Kwikset service engineers (bank B and post offices C).

Accordingly, the Defendant lent the means of access to others in return for compensation.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Provision of financial transaction information and inquiry of financial transaction details;

1. Application of the CCTV data new Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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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