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(영문) 창원지방법원 2017.07.18 2017고단729
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

At around 19:00 on December 22, 2016, the Defendant issued a proposal that “If you send a passbook necessary to use the liquor company’s tax accounting, you will pay KRW 1,00,000 per head of Tong per head of Tong,” from his name in front of the “C cafeteria” located in Seongbuk-gu, Changwon-si, Changwon-si, the Defendant provided three physical cards connected to the Agricultural Cooperative Account under the name of the Defendant (D, E, and F), three personal cards connected to the bank account (G), and one physical cards connected to the bank account (G), and each physical card, using Kwikset’s service.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

Application of the laws and regulations on transactions in each account as stated in the Defendant’s legal statement H and I’s statement;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine to be imposed (with no previous conviction for the same offense, and taking into account the reflection of the punishment);

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

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