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(영문) 창원지방법원 2018.01.31 2017고단3917

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

No person shall use and manage any financial transaction access medium that instructs a financial institution, etc. to make transactions, such as automatic payment and transfer of deposits, etc. in electronic financial transactions, in granting, demand or promiseing to lend or lend such access medium.

However, on July 2016, the Defendant received one cash and automobile purchase from a person who was in the name of "B" on the street near the Singuk-si, Kim Jong-si, Kim Jong-si, which was the date of July 2016, in consideration of the convenience of the Defendant’s purchase of money and cars, and three passbooks, including the No.C. (Account Number: D), the new bank passbook (Account Number:Account Number: E), the new bank passbook (Account Number:F) and the new bank passbook (Account Number:F), were each opened to the person who was in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Details of truth-finding letters, and deposit certificates;

1. Application of Acts and subordinate statutes to a criminal investigation report (the verification of the account number of a new bank and a bank in Gyeongnam-Nam, which has been additionally lent);

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

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;