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(영문) 창원지방법원 2018.07.25 2018고단1269
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 one shall borrow or lend any access medium while receiving, demanding or promising to receive compensation in the course of using or managing access media for electronic financial transactions, or store, deliver or distribute it, and shall not borrow or lend any access medium with the knowledge that it will be used for a crime or to be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.

The defendant, on January 30, 2018, is not aware of his name by telephone, from a person whose name is not known by telephone, as the third party’s agent for B Company Business Team C.

B Upon receipt of a proposal to the effect that, at the time of delivery of alcoholic beverages in the Company B, a e-mail card will be used for gold purposes, and a total of 2.1 million won per day shall be paid in 700,000 won per day by using the e-mail card for three days. On February 2, 2018, the company delivered three e-mail cards connected to the Defendant’s post office account (Account Number:F) and the new bank account (Account Number: G) and the national bank account (Account Number: H), respectively, to a person whose above name cannot be known.

Accordingly, the defendant, knowing that he will be used in the crime, lent the access media with the promise to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to I, and I;

1. Data on response to financial transactions and details of each account transaction;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to the Kakao Stockholm dialogue);

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions (the lending of access media with promise of compensation) concerning the facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 3 (the lending of access media with knowledge that it will be used for a crime) of the Act on Electronic Financial Transactions;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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