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(영문) 창원지방법원 밀양지원 2018.05.03 2018고단108
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 the payment, demand or promise to do so.

Nevertheless, on December 11, 2017, the Defendant was called to the effect that “if you send a e-mail card, you will execute the loan” from a person in a false name who assumes the head of the fladial team, the Defendant sent two e-mail cards connected to the new bank accounts in the name of the Defendant at the inside and in the building located in Busan Dong-gu, Busan, to the new bank accounts in the name of the Defendant (D) and the Busan Bank accounts (E) through Kwikset Service.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A certificate of transfer;

1. Application of the Act and subordinate statutes to the investigation report (No. 8 of the evidence list);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. In light of the fact that there is no record of punishment prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, the punishment as ordered shall be determined by taking into account the circumstances constituting the sentencing conditions indicated in the records.

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