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(영문) 서울남부지방법원 2018.07.11 2017고단6459 (1)

전자금융거래법위반

Text

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

Defendant

A fails to pay a fine.

Reasons

Punishment of the crime

No person shall lend, keep, deliver or distribute cash cards and passwords used in the cash card which are access media in electronic financial transactions, user numbers registered in financial institutions, etc. by receiving, requesting or promising them to receive, request or promise them to do so.

1. On December 13, 2017, at around 13:00, Defendant A received 400,000 won per day from a Gu digital short-term area Nos. 5 of Guro-gu Seoul Metropolitan City, Guro-do, 477, a day from a person who is in a name unexplosion, and issued a copy of the physical card (D) connected to the national bank account (C) in the name of the Defendant to E and substituted it.

2. Defendant B, around 15:00 on December 5, 2017, the Defendant received 400,000 won per day from 1270 U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, U.S.-dong, and issued a letter of credit card (H) connected to the Defendant’s Defendant’s wife F’s credit account (G) to E.

Summary of Evidence

1. Legal statement of witness E;

1. The defendant B's partial statement

1. Entry of the defendant A's partial statement in the first trial record;

1. Copy of the protocol (one-time, twice-time) concerning suspect interrogation of E by the prosecution;

1. An investigation report (the details of cards transmitted by suspects);

1. Application of a protocol of seizure of police officers and statutes relating to the list of seizure on December 14, 2017

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act (the point of lending access media and the selection of fines) regarding criminal facts and the choice of punishment (the Defendants)

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendants merely dry a physical card as necessary for credit inquiry or identity verification, and the Defendants did not deliver the physical card in return for payment. Thus, the facts charged of the instant case cannot be recognized.