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(영문) 광주지방법원 2017.01.13 2016고정1784
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[The charges of criminal records do not contain any part of the records of the crime, but the facts of the criminal records falling under the latter part of Article 37 of the Criminal Act are not criminal facts, but criminal facts falling under the sentencing grounds, and the facts of the criminal records can be recognized by each of the following evidences, thereby adding this part to recognizing them.

On August 11, 2016, the Defendant was sentenced to imprisonment with prison labor for not more than eight months by interfering with business affairs at the Gwangju District Court, and on October 7, 2016, the said judgment became final and conclusive.

[2] In using and managing access media, no person may transfer or lend access media to another person, or promise to lend or receive compensation for using or managing access media unless otherwise expressly provided for in other Acts.

Nevertheless, the Defendant, upon receiving a proposal from a person under his/her name, proposed that he/she would give KRW 3.5 million to the account for the inter-month use. On December 22, 2015, around 12:00, the Defendant transferred the access media using Kwikset Service to his/her name in a way that he/she transferred his/her physical card, which is an access medium, to his/her name in an access to his/her name and inform him/her of the password number and the contact number of his/her personal card.

Summary of Evidence

1. Statement by the defendant in court;

1. B’s written statement;

1. A certificate of deposit;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, summary information of the case, and application of the text of the judgment;

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 Commercial Concurrent Crimes Act (a crime of transferring an access medium provided for in the Electronic Financial Transactions Act between violations of each of the Electronic Financial Transactions Act by transferring multiple access media as indicated in the judgment of the court below is established for each access medium. However, the act of transferring multiple access media simultaneously is one act of violating several access media.

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