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(영문) 대전지방법원 2018.12.07 2018고단2955
전자금융거래법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above Defendants shall be fined.

Reasons

Punishment of the crime

Defendant

On October 2017, A received a proposal from a person with no name, who was aware of a part-time feet around the end of October, 2017, stating that “if the head of the Tong is lent for three months, five million won will be paid.” The A introduced the access media connected to the accounts of himself and the person with no name, using it as an pass to the person with no name, and also introduced it to Defendant B.

Defendant

B “If the head of the Tong is lent for three months, the head of the Tong shall be granted five million won, and the head of the Tong shall be granted.”

Upon receipt of the proposal to the effect that “A” was agreed to receive such consideration, and around October 2017, the head of the Tong-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, the head of the Tong-dong, the CBC card, and the OTP card connected to Defendant B’s bank account (D) was transferred to Defendant A.

Defendant

A agreed to receive compensation from a person in the name of the deceased as above, and prior to the above Gonema Dong Community Center, A delivered documents bags containing passbooks, check cards, OTP cards, and Defendant B’s bank account (D) connected to the Defendant’s post office account in the name of the Defendant, to Kwikset service article, and delivered documents bags containing passbooks, check cards, and OTP cards to Kwikset service article.

As a result, the Defendants agreed to receive the price in collusion and lent the electronic financial transaction access medium.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the law of the police statement protocol to F;

1. Selection of each fine under Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions and the relevant Act concerning criminal facts (i.e., the penance, the fact that the money deposited in the account of the defendant defendant A is deemed to have been returned to the victim because the transaction was suspended, and the fact that it is an green age and the primary offender, etc.);

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;

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