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(영문) 대전지방법원 서산지원 2018.09.12 2018고단806
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, on May 24, 2018, the Defendant received a call from a person who was not the name of “B bank”, and received a proposal to “to repeatedly increase the credit of deposits when sending a e-mail card,” and then, in response thereto, the Defendant sent one copy of the C e-mail card (connection No. D) under the name of the Defendant at the Busan post office located in the 10:00 of the same month, and lent the access media with the phone number notified by telephone and promised to receive the price of the given e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of details of transactions, details of financial transactions, and Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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;

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