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(영문) 전주지방법원 군산지원 2021.02.02 2020고정393
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, the Defendant is a company that engages in virtual currency international trade in the Philippines from a person who assumes false name named B's business headquarters C division, and is in charge of transaction affairs, and is paid an average of KRW 30-400,000 per day to 1.5% of the transaction amount, and send a check card for co-purchase.

(E) On April 22, 2020, at a post office located in Dogdong, Masan-si, Seoul, a post office located in Dogdong, North Korea, a bank account under the name of the defendant and a bank account under the name of the defendant, and on April 27, 202, at the same place as the defendant, two physical cards connected to H union accounts (I) and J accounts under the name of the defendant were sent to the above names, respectively.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. The Defendant’s statement in the police interrogation protocol against the Defendant’s legal statement, including the details of L, M, N,O, P, Q, Q, R, S, T, U,V, W, and X’s report (site “Y” and “Z”), internal investigation report (verification of the contents of the search and seizure verification warrant”) and the details of orders for investigation report (report on submission of the suspect A’s data), etc., the screen, each transfer confirmation document, and the closure of each transfer to the Defendant; the screen screen, etc.; the list of gold transactions; the victim’s mail records; the victim’s mail records; the victim’s statement of remittance verification; each request for the provision of financial transaction information; the results of the dispatch confirmation; and the application of each communication data request reply to the law that requests the provision of each communication data;

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

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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