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(영문) 창원지방법원 2019.05.24 2019고단972
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, around August 29, 2018, the Defendant received a proposal from a name-free person who introduced himself as “the employee of the Savings Bank” to “the Defendant would make a loan by setting up the transaction performance and setting credit rating.” On the same day, the Defendant sent a physical card, etc. to the Defendant’s bank account (C) from the convenience store located in Kim Jong-si, Kim Jong-si on the same day.

As a result, the Defendant alleged that a public prosecutor had lent the means of access knowing that he would have used the crime. However, even if all the evidence submitted by the public prosecutor is integrated, it cannot be recognized, and only the fact of lending the means of access is recognized by promising the compensation for the extension of credit. In short, electronic financial transactions were lent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of B Association Account Information (A) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) 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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