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(영문) 창원지방법원 2018.08.31 2018고단1543

전자금융거래법위반

Text

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

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

Reasons

Criminal facts

On February 20, 2018, the Defendant would pay KRW 300,000,000 to the Defendant who borrowed the check card from the person who was in the name of the deceased.

“To receive the proposal,” and accepted it.

On February 23, 2018, at around 14:00, the defendant sent a physical card, which is an access medium connected to the Saemaul Bank Account (C) in the name of the defendant, to his/her name, via Kwikseter's service articles in receipt of instructions from his/her name in return for inserting one copy of the physical card, which is an access medium connected to the Saemaul Bank Account (C) in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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;