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(영문) 창원지방법원 통영지원 2018.06.15 2018고단308

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, demand or promise of compensation.

Nevertheless, on January 27, 2018, the Defendant received a proposal and accepted the proposal that “I will pay KRW 1.8 million per day, 60,000,000,000 per day from the Defendant’s office located in Skwikset Co., Ltd. (hereinafter “Account Number”) account at around 12:00 on the same day,” and then delivered the Cwikset Card connected to the Kwikset’s account at around 12:00 on the same day.

As a result, the Defendant promised to pay for, lent the above account access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A written petition;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

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;