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(영문) 서울중앙지방법원 2016.08.25 2016고정2006

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the Defendant, on March 28, 2016, assumes the name influence and influence of the chief of the examination division of the “year-year-age” as a mobile phone from the Gwanak-gu Seoul Special Metropolitan City building No. 306 around March 28, 2016.

Kwikset service articles are sent through Kwikset service articles, and thus, he would create transaction details if you send kwikset cards.

Accordingly, the Defendant demanded that the above name-based person “a request the above name-based person to obtain loans by raising credit rating by making a credit rating of the Defendant’s new bank account (C) and the bank account (D). In addition, the Defendant informed the account number and password in the name of the Defendant, and released all the deposits remaining in the above account. At that time, the Defendant sent one copy of each of the above bank cards to the name-based person via Kwikset service article found at the above location.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A letter of emergency arrest;

1. Application of Acts and subordinate statutes to the investigation report (Submission of details of deposits by suspects);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (or Article 49 of the said Act) and Article 6 (3) 2 (or Article 6 of the said Act) of the said Act (or Article 6 of the said Act);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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;