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(영문) 수원지방법원 2016.07.13 2016고단2641
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

In using and managing access media, no one shall transfer or take over any access medium or receive any consideration, except as otherwise expressly provided for in other Acts, and lease or take over any access medium in return for promising to receive such consideration.

Nevertheless, on January 21, 2016, the Defendant: (a) lent the passbook to “to provide KRW 50,000 per day when lending the passbook”; (b) sent 3 copies of the foreign exchange bank account (B), the national bank account (C), and the bank account (D) connected to the Korean bank account; and (c) received 850,000 won from the Defendant’s agricultural bank account under the pretext of lending the passbook to a third party for approximately a week; and (b) transferred 850,000 won to the Defendant’s agricultural bank account.

As a result, the defendant agreed to receive compensation and used access media for electronic financial transactions respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawals;

1. Selection of each fine under Article 49(4)2 and Article 6(3)2 of the Act on Electronic Financial Transactions and Trade in the relevant Act on criminal facts (the fact that it appears that the defendant, as his student, could not have been aware of whether the transfer of his/her access medium was to be used for the crime, and the fact that the defendant is the first offender, etc.);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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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