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(영문) 수원지방법원 2016.09.21 2016고단4890
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on May 4, 2016, the Defendant had a mind to lend a passbook to a name-free person. On June 30, 2016, the Defendant sent Kwikkseter’s personal bank account (C) opened in the name of the Defendant to Kkwikseter’s article who sent the above name-free winners on the front road B in Suwon-gu, Suwon-si, Suwon-si, Seoul. On June 30, 2016, and notified him of the password by telephone, and then received 80,000 won in return for lending the passbook to the Agricultural Cooperative account of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the receipt of deposits into another exchange and the details of deposits into Nonghyup Bank;

1. Relevant Articles 49(4)1 and 6(3)1 of the Act on the Electronic Financial Transactions and Trade, and the selection of fines for criminal facts (including the first offense for which the defendant has no previous criminal record, and the fact that the defendant reflects the wrongness, etc.);

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

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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