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(영문) 서울남부지방법원 2016.06.22 2016고정1132

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, the Defendant:

1. On May 11, 2015, at the Internet car page, the following: (a) reported the advertisement to “one hundred and five million won per page if the head of the Tong is sent; (b) sent two bank accounts in the name of the Defendant to the door-to-door officer who sent the above name-to-door in front of the hospital located in Gwanak-gu in Seoul Special Metropolitan City at around 17:00 on the same day; and (c) sent two cash cards connected to each account in the name of the Defendant to the bank (D) and the Defendant’s name-to-face (E) and transferred the access medium by telephone to the above name-to-face.

2. On May 14, 2015, at the Internet car page, “the head of a Tong to be used for the purpose of entry and exit at the earth site”: “The head of a Tong to be used for the purpose of entry and exit should have contacted the names in an advertisement and transfer two accounts to the visitors; on the same day, our bank account (D) in the name of the Defendant listed in the preceding paragraph with the point of pay-up of the bank located at the hospital listed in the preceding paragraph and new bank pay-up located at the hospital listed in the preceding paragraph; and the Defendant reported the loss of two cash cards in the name of the Defendant, and transferred two re-issued cash cards to the door-to-door officer who sent the above name in front of the hospital at around 17:00 on the same day; and the said name-to-face password was transferred by a telephone to the person who was absent from the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F;

1. Application of Acts and subordinate statutes to a search and seizure warrant (2015-9243), an investigation report (a search and seizure warrant and reply data attached);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of each alternative fine for 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.