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(영문) 수원지방법원 안산지원 2017.07.07 2017고단1288

전자금융거래법위반

Text

Defendant shall be punished by a fine of four 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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on January 9, 2017, the Defendant accepted the proposal that “The Defendant would make an account every 2 million won per month for three months from the week on which he/she transferred the account” from a person who misrepresented the B employee. On the same day, the Defendant sent Kwikset service article a copy of the C Card connected to the post office account (Account Number:D) in his/her name to the Kwikset service article who sent the name omitted in front of the 19:00 on the same day.

Accordingly, the Defendant lent the approaching media at the request of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on the certificate of account transfer;

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;