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(영문) 서울동부지방법원 2018.06.05 2018고정441

전자금융거래법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, or lend or lend any access medium, or store, deliver or distribute such medium, in receiving, demanding or promising any compensation therefor.

1. Defendant A: (a) around 12:00 on December 1, 2017, at the “D Seongbuk Center” located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul, the Defendant would buy a e-mail card from a person who is not his/her name to trade.

“On receipt of the proposal,” the Cze Card connected to the Account (E) in the name of the Defendant was sent to the account held in the name of the Defendant.

2. Defendant B, around 15:00 on December 1, 2017, the Defendant extended a loan by stockpiling a physical check from the name in the name in the Dongdaemun-gu Seoul Metropolitan Government “G Han Council member” of F2, “H Company I’s I’s agent representative, with the main performance.”

“ ” Upon receipt of the proposal, the head of the Cze Card, linked to the Account under the name of the Defendant (J) was transferred to the person in default of the name of the said person.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to K in the police statement;

1. Lritten statements;

1. Application of Acts and subordinate statutes of a transfer confirmation certificate;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act; Defendant B who selects a fine: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act; Selection of a fine: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act; Selection of a fine;

1. Defendant A with reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act: The instant crime was committed not only undermining the trust and safety of financial transactions, but also undermining the trust and safety of financial transactions, and also undermining the use of access media leased due to the instant crime for various criminal acts; thus, the nature of such crime is not somewhat weak; the Defendant did not have any history of criminal punishment for the same crime; and the instant crime was committed not only undermining the trust and safety of financial transactions, but also undermining the access media transferred by such crime.