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(영문) 대전지방법원 천안지원 2018.09.14 2017고단999
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall, in using or managing access media used in electronic financial transactions, borrow or lend any access medium while requiring or promising to receive the price.

On November 27, 2014, the Defendant: (a) around November 27, 2014, via the Kakao Kakao Stockholm via the Kakao Stockholm; (b) the Defendant was a company operating the cargo vehicle; and (c) the account under another person’s name is required to do so; and (d) the Defendant paid KRW 200,000 per day on the face of the passbook connected to

“The proposal received and accepted it, and then, on the same day, sent each passbook and cash card connected to the new bank account (B) under the name of the Defendant and the bank account (C) through Kwikset service to the name in return for the benefit of opening up an access medium.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and the response to financial data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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. The crime of transferring or lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is not easy in light of the fact that the crime is committed not only undermining the credibility of the safety and performance of electronic financial transactions, but also under facilitating other crimes. The access medium provided by the Defendant is actually used for the crime, on the other hand, the Defendant led to the crime of this case at the investigation stage, and the Defendant has no record of punishment for the same kind of crime, and other circumstances revealed in the records and changes theory of this case are determined as ordered.

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