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(영문) 수원지방법원 2017.01.18 2016고단6912

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on August 1, 2016, the Defendant agreed to receive KRW 1,00,000 per access medium from a person without his/her name, and lent a medium of access to the account and acquired cash. On August 3, 2016, the Defendant agreed to receive KRW 1,00,000 per access medium from the Kwikset service provider who sent the above name in the same parking lot, which is located in 323, from the Kwikset 10,00,000, to receive KRW 1,000 per access medium.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and E statements;

1. Application of Acts and subordinate statutes on the transaction statement and account transaction statement by account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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;