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(영문) 서울중앙지방법원 2018.10.18 2018고정1988

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration.

1. On August 2016, the Defendant received proposals from C, which he/she came to know through the Dong Chang-si, a middle school, B, and received on August 29, 2016, and around 13:43, on August 29, 2016, around 260, the Defendant kept and distributed the access media in exchange for consideration, such as delivering the passbook and access media of the said account to the unclaimed winners (hereinafter referred to as the “closed”) and receiving KRW 100,00,000,000 to the Chang-gu, Jongno-gu, Seoul. National Bank beneficiary (E) at the beneficial branch of the Han-gu National Bank Co., Ltd., Ltd., and the OTP connected to the said account, cash withdrawal card and its password, Internet banking ID and its password connected to the said account.

2. On October 24, 2016, at the 2nd 2nd dong, Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) delivered the post office account in the name of G (H) and an OTP, cash withdrawal card and its password, Internet banking ID and its password; and (b) kept and delivered the access media in the above account at the time of the issuance of the said account at the point of time, by delivering the passbook and its access media (hereinafter “OF”), and receiving KRW 100,000,000,000, in return for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement made by the police to J;

1. Investigation report (related to checking the K Casino operating account);

1. Application of the Acts and subordinate statutes to applications for new transactions and subscription;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;