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(영문) 전주지방법원 2017.07.25 2017고단1044

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the defendant will give 3,100,000 won to the defendant who sent one physical card from his name in the second month.

" Upon receipt of the proposal, around January 2017, Kwikset rendered Kwikset service with a physical card connected to the new bank account (E) opened in the name of the defendant in the Seocho-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on the results of electronic financial transfer, financial transaction details;

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 (hereinafter “Access Media”) is widely used as a means of various crimes, such as the systematic gambling crime that encourages serious gambling, such as scaming fraud, and the issuance of a false tax invoice through a scambling company, and other tax-related crimes such as the issuance of the Internet gambling. These criminals generally acquire the so-called “Scambbook” through the same method, as well as the so-called “Scambbook” acquired by the method as well as the so-called “Scambbook” through the use of the cell phone, which is a mobile phone, under another person’s name, committed a crime in the form of differentiation of their roles, while those who transferred the Access Media under one’s own name, do not seriously undermine the illegality or risk of such acts, and such acts are not yet eradicated up to the degree of certainty.

Therefore, the act of transferring the access media, such as the physical card, to another person as in the instant case, is difficult to the offender's economic situation or net.