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(영문) 수원지방법원 안산지원 2018.05.16 2017고단3611

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Unless otherwise expressly provided for in other Acts, electronic financial access media shall not be transferred to any third party.

Nevertheless, on August 2016, the Defendant: (a) received a proposal from a person in a name disorder to the effect that “it is necessary to enhance the credit rating of loans by accumulating transaction performance; (b) creating a passbook in the name of a juristic person and transferring it; and (c) transferred two copies of the card, each of which is linked to the two accounts (Account Number: C and D) in the name of the Nong Bank in the name of the company B, the Defendant registered as a director.”

On September 2016, the Defendant continued to transfer two physical card units connected to two new accounts (Account Number: E and F) in the name of the above company B in the name of the company with limited liability on the roads near the Hanjin apartment. Around that time, the Defendant transferred one physical card, linked to the national bank account (Account Number: G) in the name of the above company B, to the above bearer, using Kwikset service.

As a result, the Defendant tried to set up five physical cards, which are media access to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the judicial police with H;

1. Application form for new transactions or application form for new transactions;

1. Application of Acts and subordinate statutes, such as data on the details of transactions of deposits and withdrawals, data on the details of transactions of deposits and withdrawals, data on the details of transactions of deposits and withdrawals, and data on the details of transactions;

1. Article 49 (4) 1 and Article 6 (3) 1 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 each alternative fine for punishment;

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. It is so ordered as per Disposition for the reason of Article 334(1) or more of the Criminal Procedure Act.