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(영문) 울산지방법원 2018.11.08 2018고정863

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

In using and managing access media, no person shall transfer or take over, guarantee, demand or promise to transfer or take over, or lease, or store, deliver or distribute access media without any special provision in any other Act.

On November 2, 2017, the Defendant received letters from a person without a name (one name B) in light of 16:30 on November 2, 2017, and introduced a name-free team leader from the male, and sent D’s physical cards from the company of the Philippines C, and withdrawn when deposited into the physical card and then transferred to the account under the name of the Defendant to the account under the name of the Defendant.

“After receipt of the proposal, the Plaintiff sent a e-mail card connected to the E bank’s account under the name of the Defendant and issued a e-mail-based access medium used in financial transactions, including one e-mail and passwords, in front of the thought and thought station in Busan.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes on financial account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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;