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(영문) 서울중앙지방법원 2018.07.26 2018고정1382

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 lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, at around 16:00 on January 19, 2018, the Defendant, in front of the Defendant’s office located in the Gangnam-gu Seoul Metropolitan Government B basin, leased the access media using Kwikset through Kwikset-line (C) that read, “The Defendant shall withdraw funds that he entered Korea from abroad, have less taxes to withdraw funds using a large number of physical cards, has to lend 3 million won, and to reduce the amount of 3.0 million won, and the physical cards will be returned after 3:4 days, and the physical cards will be returned after 3:4 days.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Submissions of financial transaction information in the names of report on internal investigation (Attachment of details of transfer of money), E, and F;

1. Application of the statutes on attachment (the details of passbook and the Kakao letters);

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;