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(영문) 부산지방법원 동부지원 2017.10.11 2017고단1722

전자금융거래법위반

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on October 13, 2016, the Defendant accepted the proposal stating that “The Defendant would pay KRW 2 million per month on the face of the head of the Tong to him/her,” from a person who was in the name of the deceased, and then sent the note using Kwikset’s service with one cash card (Account Number: E) linked to the Defendant’s bank account in the name of the Defendant in front of the five guard room of the D apartment located in Suwon-gu Busan Metropolitan City.

As a result, the Defendant promised to receive the access media for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement protocol to F;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;