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(영문) 인천지방법원 부천지원 2018.04.20 2018고정241
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend, keep, deliver or distribute any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor.

Nevertheless, the defendant's lending of an access medium shall report the word "70,000 won per day" to be paid every 700,000 won. On January 2, 2018, the defendant sent a physical card and the relevant password connected to the account in the name of the defendant in the point of C located in the non-Gu, Seocheon-gu, Nowon-gu, Seoul (U.S.) around January 2, 2018 to the Korean bank account (Account Number: D) and enterprise bank (Account Number: E) account.

By lending to a person who is not his name, financial institution's access media has been decided to receive the price and large amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes, such as specifications of transactions by account;

1. Article 49 (4) 2 and 6 of the Electronic Financial Transactions Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for 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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