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(영문) 수원지방법원 2018.07.05 2018고단154
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of the 2018 Highest 154 shall borrow or lend any access medium, or store, deliver or distribute such medium, in using or managing the access medium.

Nevertheless, on May 16, 2017, the Defendant opened an agricultural bank account (C) in the name of the Defendant in the name of the agricultural bank (hereinafter “D”) established in the agricultural bank located in the 8-1-gil-dong branch located in Yong-gu, Young-gu, Yong-gu, Seoul, 3-1-ro, 11-gil, and lent its passbook, physical card, OTP, etc. to “D” in a single name, and in return for payment by receiving KRW 50,000 as a price.

Except as otherwise expressly provided for in any other Act, no person of the 2018 Highest 2364 shall transfer any access medium to another person.

Nevertheless, on June 27, 2017, the Defendant opened the Agricultural Cooperative Account (F) in the name of Pyeongtaek-si Co., Ltd. established by the Defendant, and received KRW 50,000,00 in cash from those in the name of the Defendant, and even up to the passbook, OTP, physical card, etc. connected to the said account.

Summary of Evidence

"2018 Highest 154"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each investigation report (execution of a warrant of search and seizure (No. 2017-8825) and attachment of response materials, and investigation of mobile phone numbers registered in the criminal use account);

1. Response to a request for cooperation in an investigation by the permissible tax office;

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (report on the occurrence of the case accused against fraud);

1. Application of Acts and subordinate statutes, such as deposit transaction specifications and financial transaction details;

1. Article 49 (4) 2 of the pertinent Act and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the Selection of Punishment, and Articles 49 (4) 1 and 6 (3) of the Act on Electronic Financial Transactions.

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