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(영문) 대구지방법원 상주지원 2017.01.24 2016고정166
전자금융거래법위반
Text

Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The defendant B shall not transfer any access medium for electronic financial transactions;

Nevertheless, around March 20, 2016, the Defendant received a proposal from a “D” office located in C2, and sent a e-mail card, etc. to a seller of a passbook under the name in the name in which he/she can receive KRW 2 million from A, and accepted it, and transferred a paper paper, which includes a e-mail card, account number, and password that are linked to the post office account in the name in the name of the Defendant through A, and a paper, which is transferred to a buyer of a passbook under the name in the name of the Defendant through A, for electronic financial transactions.

2. No person who intends to arrange the transfer or acquisition of any access medium for electronic financial transactions;

Nevertheless, the Defendant: (a) recommended transfer of physical cards, etc. as described in the above paragraph (1) to B, which is deemed necessary to pay money at the time and place specified in the above paragraph (1); (b) proposed transfer of physical cards, etc. as described in the above paragraph (1); and (c) introduced physical cards, paper cards, and paper cards from B that accepted them to be stuffed; and (d) sent them to the Plaintiff through a taxi engineer, thereby arranging transfer of an access medium for electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

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

1. Application of Acts and subordinate statutes to a warrant of search and seizure, a report on investigation (B and A Kakao Stockholm dialogue);

1. Article 49 (4) 4 and Article 6 (3) 5 of the Electronic Financial Transactions Act; Defendant B who selects a fine: Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act; Selection of a fine; and Selection of a fine: Articles 6 (3) 1 and 6 (4) 3 of the Electronic Financial Transactions Act; Selection of a fine;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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