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(영문) 수원지방법원 2018.11.29 2018고단4992

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or keep, deliver or distribute such medium, while giving, receiving, demanding or promising any access medium in electronic financial transactions or using or managing any access medium to secure the authenticity and accuracy of the users and the details of such transaction.

Nevertheless, the Defendant, on January 2017, came to know through a part-time advertisement that was posted on the Internet, will establish a corporation by registering a business operator under the name of the Defendant, use it for three months when it was transferred after opening an account under the name of the corporation, and pay 1.5 million won in return.

Upon receipt of a proposal to the effect that “A” has been proposed and accepted, each of the corporations in the name of “B” and “B” and “B” have been established by the business entity and opened an account in the name of the corporation. On March 2017, 2017, in front of the D apartment complex in the name of “B”, the name-non-standing person was sent to each of the passbook, C, and C, linked to the G bank accounts in the name of the same corporation, and the G bank accounts in the name of the same corporation, and issued KRW 70,000 in cash in return.

As a result, the Defendant used the electronic financial transaction access media in return for the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. The accusation against the Korean Marina;

1. Application of the details of account transfer, E bank reply data, and each G bank reply data statute;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Financing of Electronic Commerce under the relevant Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (the number of accessible media leased, the background leading to opening such accessible media, and previous offense, 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;