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(영문) 광주지방법원 2018.03.29 2017고정1947

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on June 19, 2016, the Defendant sent a mobile phone to the Defendant’s mobile phone by a person who was named in the name of the Defendant. On June 19, 2016, the Defendant received a text message stating that “If the head of the Tong is required to be employed to avoid tax evasion, he/she would pay KRW 3 million per month if the head of the passbook is leased,” and the Defendant would transfer the passbook and the check card to the Nonindicted on June 20, 2017 on the condition that the head of the Tong and the check would be contacted with the Nonindicted on the above name and receive KRW 3 million by contact with the Nonindicted on the said name, around 15:11, 2017. On the same day, around 16:49, the Defendant issued the passbook and the cash card connected to the Defendant’s Saemaeul account in the name of the Defendant to the Nonindicted on the same day, and notified the Nonindicted on the same day to the name of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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;