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(영문) 창원지방법원 통영지원 2017.04.18 2017고단243

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

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, on October 26, 2016, the Defendant: (a) heard the horses that “I will operate a sports soil site, use only one month by lending the head of the Tong or the e-mail card; and (b) will pay KRW 3 million on the terms of the lending; (c) on the basis of the lending, I sent the e-mail card connected to the post office account (Account Number: C) opened in his/her own name to receive KRW 3 million; and (d) on the e-mail card connected to the post office account (Account Number) opened in his/her own name, the Defendant sent the e-mail, telephone call, and informed the password.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Details of account transfer transactions and fund transfer;

1. Application of the Acts and subordinate statutes on response to requests for cooperation in investigation data (CCTV image data);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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;