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(영문) 의정부지방법원 고양지원 2018.03.09 2017고정1369

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on April 2017, the Defendant extended the passbook and card to the name in the vicinity of the Hongk University located in Mapo-gu Seoul Metropolitan Government, and sent Kwikset service articles who sent the above winners with the passbook and card at KRW 2.5 million. The Defendant opened the check card connected to the new bank account (B) in the name of the Defendant.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of the Acts and subordinate statutes on mobile phone pictures and inquiries about details of transactions, and of disposable data;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding 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;