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(영문) 서울중앙지방법원 2017.10.11 2017고정2470
전자금융거래법위반
Text

Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

1. On April 12, 2017, Defendant B received the proposal that “if one of the cash cards was transferred, the Defendant would pay KRW 3 million” from the person without his name, and consented thereto, and then, Defendant B sent one cash card connected to the national bank account (C) in the name of the Defendant to Kwikset service officer who sent the above name in front of the Daedong-dong Seongbuk-dong Seongbuk-gu, Seoul, Seoul.

2. On April 11, 2017, Defendant A received a proposal that “if one of the cash cards is transferred, Defendant A will pay KRW 3 million” from a person without his/her name, and consented thereto, Defendant A sent one cash card connected to the Defendant’s bank account (D) in the name of the Defendant at the post office located in Gangnam-gu Seoul Metropolitan Government Daedong-dong around April 12, 2017, using the home line from the post office located in the Gangnam-gu Seoul Metropolitan Government Daedong-dong around April 12, 2017.

It was transferred.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Each police statement made to H, I, and J;

1. The K's statement;

1. 수사보고( 위 챗에서 확인되는 계좌번호 정리) 법령의 적용

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and the Selection of Punishment for the Crime (Selection of Each Fines)

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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