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(영문) 서울북부지방법원 2017.11.09 2017고단2377
전자금융거래법위반
Text

The sentence of a defendant shall be KRW 5,000,000.

When a fine is to be paid, it shall be confined in a workhouse for 50 days.

Reasons

Punishment of the crime

No password necessary for the use of a physical card or physical card, which is a medium access to electronic financial transactions, nor a user number, etc. registered with a financial institution or an electronic financial institution shall be transferred or taken over, or a pledge shall be established.

On October 2016, the Defendant, who misrepresented to the staff of a lending company, would make a loan by raising the credit rating by increasing the transaction performance from a person in an infinite name.

The Kwikset service article sent with the need for loan work with the knowledge that it may not be a proposal, with the awareness that it may not be a proposal.

At around that time, the Defendant sent a name-non-holder of the physical card connected to the bank account (C) in the name of the limited company B, the representative member of which is the Defendant, from the waterway near the water station located in 338, Gangnam-gu, Seoul, Gangnam-gu, Seoul, to the Kwikset Service Articles.

The Defendant transferred the e-mail card, which is a medium access to the electronic financial transaction.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on internal investigation (related to a consolidated account after the office of a target account);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

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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