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(영문) 창원지방법원 2017.08.24 2017고단897

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 acquire any access medium for electronic financial transactions.

On November 2016, the defendant is in need of a passbook for tax reduction and exemption from the person who is in the name of the defendant in front of the residence of the defendant in the old-gu, Changwon-si.

In order to send a passbook under the name of an individual, he/she received a proposal stating that he/she will pay KRW 2 million per account, and promised to receive KRW 2 million per account on condition that he/she transfers the account, and then, he/she issued Kwikset-based access media, such as physical cards and passwords connected to the Defendant’s name bank account (D), and post office account (E) through Kwikset service.

Accordingly, the Defendant transferred each access medium for electronic financial transactions.

Summary of Evidence

The application of the Act and subordinate statutes to the police's statement statement F by the defendant, the details of the transactions with the police's statement

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine (i.e., a person who has no previous conviction or suspended sentence).

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.