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(영문) 창원지방법원 2017.10.20 2017고단2971

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

Punishment of the crime

No person shall transfer or take over any access medium, or borrow or lease any access medium, or store, deliver or distribute any access medium in return for a demand or promise to receive any access medium.

Nevertheless, the Defendant, at around 12:00 on June 23, 2017, at the Changwon bus terminal located in 371 as the window of Changwon-si, Changwon-si, the Defendant: (a) sent 371 mobile phone text messages using a mobile phone text message, saying, the Defendant: (b) agreed to lend 30,000 won per day of lending e-mail cards; (c) two e-mail cards in return, to receive a total of 1.5 million won per day; and (d) agreed to receive 1.5 million won per e-mail cards connected to the new bank account in the name of the Defendant; (b) Gyeongnam-si, the Defendant issued a e-mail card connected to the Kakao Stockholm (Account Number C) to the above sub-party; and (c) notified the above sub-party of the password’s name through the Kakao Stockholm conversation.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer against the accused (including each accompanying document);

1. Copy of the police statement made to D;

1. E’s written petition;

1. Domestic investigation reports (abusing a copy of a letter of transfer, etc.);

1. Inquiries about certificates of confirmation of remittance and details of transactions;

1. Application of the statutes on dialogue details

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;

1. In the event that the criminal procedure of the provisional payment order has caused serious harm to our society due to the sentencing of Article 334(1) of the Criminal Procedure Act, the criminal defendant recklessly lent a medium of access used for electronic financial transactions to a person whose identity is not known for the purpose of obtaining unjust profits under the circumstances where the criminal defendant singing crime is committed.