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(영문) 대구지방법원 서부지원 2017.11.15 2017고단825
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

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 any other Act, no one shall lend a password, user number, etc. registered with any financial institution or any electronic financial institution, which is necessary for the use of any access medium or access medium of electronic financial transactions, to such financial institution or electronic financial institution.

Nevertheless, around 10:00 on September 20, 2016, the Defendant sent a written message from a person who was unable to know his/her name at the “C” office located in Daegu-gun District Court B, but received a proposal stating that “I would send part of the profits remaining after lending the passbook so that I would pay taxes.” On the same day, at around 15:30 on the same day, the Defendant sent a cash card connected to the Defendant’s name to the Industrial Bank account (D) and sent it to Kwikset service article who sent it by a person whose name is unknown, and notified the password.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing deposit verification;

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

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