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(영문) 창원지방법원 통영지원 2018.03.22 2017고단1802
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction in return for promising to receive any consideration.

Nevertheless, on September 18, 2017, the Defendant: (a) received the word “from a person without his name, who borrowed an account, up to three million won per share; and (b) on September 21, 2017, around 16:00 on September 21, 2017, Kwikset Co., Ltd. (D) through Kwikset’s community credit cooperative account (E) and one check connected to one bank account (E) respectively.

As a result, the defendant agreed to receive the price and sent two copies of the approaching media to the person who is not the victim of his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The details of deposits into the Saemaul Treasury and the details of the account of the Han Bank;

1. Details of replys to an account book (Saeno Cooperatives);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Account Details in one bank);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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