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(영문) 대전지방법원 서산지원 2018.10.31 2018고단915
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

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, on January 9, 2018, the Defendant: (a) received a proposal from a person who misrepresents B bank staff from his name in French name, “if he causes a low interest rate loan of KRW 20 million, he shall make a record of the deposit and withdrawal; (b) borrowed the personal card connected to his account from his customer; (c) in response to this proposal, the Defendant sent one copy of the bank check in the name of the Defendant’s post office in the name of the Defendant at Kwikset and lent a medium of access to the personal identification number through Kwikset and promising for consideration.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to verify payment of damages;

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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