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(영문) 의정부지방법원 고양지원 2017.07.06 2017고단1504

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer any access medium for electronic financial transactions to any third person or lend such medium in return for the consideration, demand or promise.

1. On February 27, 2017, the Defendant: (a) received a proposal from a company bank account lending a user fee prior to the convenience store in Seo-gu, Seo-gu, Busan, Seo-gu; (b) around 17:00, the Defendant agreed to receive the cash card and password of the company bank account (Account Number D) opened in the name of the Defendant to receive KRW 2,00,000,000 for the monthly lending fee; and (c) provided that the Defendant promised to receive the access medium for the company electronic financial transaction from the name partner to receive the payment.

2. On February 27, 2017, the Defendant transferred the cash card and password of the Agricultural Cooperative Account (Account Number E) opened in the name of the Defendant and transferred the access media for electronic financial transactions to another person, upon receipt of a proposal that he/she grants a loan upon transfer of the account at the above 1 place, and upon receipt of a proposal that he/she grants a loan at the time of transfer of the account.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, and J;

1. A copy of the K's statement;

1. Application of water-related Acts and subordinate statutes by cutting down a copy of the transaction statement, notification of the current status of financial transactions, writing on each sales notice, and the contents of conversation;

1. Article 49 (4) 1, Article 6 (3) 1 (a point of transfer of access media), Article 49 (4) 2, and Article 6 (3) 2 (a point of lending access media), and Article 6 (3) 2 (a point of lending access media), the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although it is easy to recognize illegality in the investigation experience of transfer of the head of the Tong in the past for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, considering the fact that the head of the Tong actually used for the crime of fraud, the fact that the head of the Tong was not used for the crime of fraud, the fact that there was no serious criminal history, and