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(영문) 수원지방법원 안산지원 2018.07.25 2018고단1319

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

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, the Defendant: (a) received a proposal from a person in a false name who assumes the name of the staff member of the cosmetics company to pay 10% of the sales proceeds deposited to the above account as commission if he/she transferred the account capable of receiving the payment of the cosmetics sales proceeds; and (b) notified the account number (B) and password of the post office account in the name of the Defendant through the Kakao Stockholm message around 12:00 on January 17, 2018; and (c) delivered one check card connected to the above name in the name of the Defendant to the above person in a false name via Kwikset C’s service article in the name of the Defendant around 10:00 on the 30th of the same month.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a certificate of remittance confirmation or a copy of application;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.