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(영문) 청주지방법원 제천지원 2018.10.18 2018고단278
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 lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, on May 3, 2018, the Defendant would pay KRW 3 million to a person who was in the name of the deceased on May 3, 2018, by lending the physical card from a person who was in the name of the deceased.

“The same month as the member of the Board of Governors agreed to lend the Cze Card upon proposal.

4. At around 16:00, Kwikset used Kwikset's service to deliver to the above person the physical card 1 and passwords connected to the new bank account (D) in the name of the defendant, and then, on the 28th of the same month in the same month in the second month from the person who was not his name in the name of the defendant to pre-paid the physical card amount of KRW 3 million.

"Around 15:00 on the same day, "" agreed to lend a e-mail card upon proposal and delivered the e-mail card 1 and passwords connected to the above new bank account in the name of the defendant to the above e-mail using Kwikset services in front of the F Skset in Incheon City.

As a result, the defendant sent the physical card and password, which is an access medium, to the above-mentioned non-persons, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of passbook transactions attached to the police interrogation protocol against the defendant (written statement, etc. to the effect that KRW 5,000,000 has been deposited from G who was unaware of the defendant on May 8, 2018)

1. Statement made by the police with H;

1. A copy of a report on internal investigation (the details of remittance of victims);

1. A copy of the detailed statement of transactions of deposits and withdrawal;

1. A copy of a report on internal investigation (Attachment to new data on response to banks), a copy of an application for bank transactions, and a copy of inquiry about details of transactions;

1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of letters received from I);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (excluding punishment) and Article 6 (3) 2 of the same Act (excluding punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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