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(영문) 서울북부지방법원 2017.12.19 2017고정2057

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On April 11, 2017, the Defendant received the text message stating that “on the face of 3 million won from a person who is unable to know his/her name at a minor place, the Defendant promised to lend the cash card to the said person by telephone for a fee.”

Since then, around 13:00 on April 12, 2017, the Defendant promised to receive KRW 3 million from a person whose name is not known at the KEB 812 parking lot of the KEB-dong branch in Gangnam-gu Seoul Metropolitan Government, the Defendant issued a cash card on the account of the company bank (Account Number: B) in the name of the Defendant through the selective officer.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of C, D, E, F, G, H and I;

1. Details of deposits, conversations (C);

1. The screen of the sign language closure, deposit details, and the contents of conversation (D);

1. Deposit details and Kakao Stockholm dialogue content (E);

1. Details of transfer (F);

1. Details of transfer and conversation (G);

1. Details of transfer and dialogue (H);

1. Contents of conversation and sales photo (I);

1. Application of the statutes on search and seizure inspection warrant and reply;

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

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;