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(영문) 인천지방법원 2017.09.26 2017고단5988

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 any other Act, no person shall transfer any access medium used for electronic financial transactions in using and managing access medium.

On June 21, 2017, the Defendant: (a) received a proposal from a person who does not know his/her name to provide a physical card of KRW 3 million from a person who was unable to know his/her name; (b) issued a new bank account (B) in the name of the Defendant to a person who was unable to know his/her name; and (c) lent the access media with the identification number notified.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of account transactions in the name of A;

1. Application of the Kakao Stockholm-related Acts and subordinate statutes governing printed matters;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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;