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(영문) 수원지방법원 안산지원 2018.03.29 2018고단535
전자금융거래법위반
Text

Defendant shall be punished by a fine of four 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 and subordinate statutes, no person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

1. On September 19, 2017, the Defendant committed a crime on or around September 19, 2017, from a person in the name of the Defendant who sent an advertising message to his mobile phone around 09:05, to B.

At the time of receipt of the account, I will have the cost of receiving KRW 300,000,000 for three days at the time of receipt.

On September 19, 2017, after receiving the proposal, “,” the Kwikset service provider visiteded to receive a physical card in front of the Sinkset Hospital, 337, Sinsi-ro, Singu, Singu, Singu, Sincheon-ro, and then sent a Kakset Card No. D, which is linked to the accounts of the Saemaul Treasury (E) in the name of the Defendant, to the Kakset (hereinafter “D”), and the password was sent to the Kakao Stockholm.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

2. On September 21, 2017, the Defendant: (a) sent another card with a high limit from a name-free box (hereinafter “D”) although he/she had a physical card as set forth in the foregoing paragraph (1).

On September 21, 2017, the proposal received and consented, and then visited in order to receive the physical card in front of the Kwikset service article from the 337 Sinkset Hospital in Sindong-ro, Singu, Singu on September 21, 2017, one head of the physical card connected to the national bank account (F) in the name of the defendant, and the password was informed by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A report on investigation (the details of arrest of the suspect);

1. Application of each statute on photographs;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting a crime and Article 49 (4) 2 of the same Act concerning the selection of punishment; and

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