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(영문) 서울남부지방법원 2018.05.10 2018고단1055
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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 promise to receive any consideration in using or managing the access medium, and lend or take over such an access medium.

Nevertheless, on January 17, 2018, the Defendant sent 2,100,000 won to his name in contact and lent the access medium to the account and received cash. On January 17, 2018, around 2018, the Defendant sent e-mail card to the name in the way of packing the e-mail card and sending the e-mail to the name in the face of the Defendant’s name in the way of sending the e-mail card to the Kakao Stockholm.

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. B written statements;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes (as indicated in the judgment, between the crimes of violating the Electronic Financial Transactions Act);

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

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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