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(영문) 서울서부지방법원 2017.11.08 2017고단2572

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall store, deliver or distribute any access medium while receiving, demanding or promising the consideration.

Nevertheless, around March 26, 2017, the Defendant transferred a physical card and a password connected to the National Bank B account in the name of the Defendant to a person without a name, according to the proposal of the name unclaimed box, that “The Defendant will give KRW 3 million per head of Tong Tong” in the Chinese Cheongdo.

As a result, the defendant promised to receive the price and delivered the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of the transfer details and the statutes governing the Kakao Stockholm dialogue;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine for punishment (the first offense, the recognition of crimes and the reflection thereof, etc.);

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;