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(영문) 서울북부지방법원 2018.09.14 2018고정1279

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

No person may borrow or lend an access medium, or keep, deliver or distribute the access medium in return for receiving, demanding or promising the payment for the use and management of the access medium. On March 5, 2018, the Defendant sent head of Tong or e-mail card through which the account may be deposited and withdrawn because it is necessary to do so due to tax issues.

At around 14:30 of the same day, after receiving the text message called “to grant a face loan,” the C-C-C-C-C-C-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes governing the authenticity and deposit confirmation certificate of G;

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;