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(영문) 대전지방법원 서산지원 2018.07.11 2018고단51
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 provided for in other Acts, no person shall lend the access medium with his/her promise of compensation in using and managing the access medium.

Nevertheless, at around 12:00 on December 4, 2017, the Defendant promised to receive KRW 2,000,000 per day from a person in an infinite's name in return for lending the check to a person infinite's name, and lent the access media by sending one physical card connected to the name infinite's name to the Saemaul Bank (C) account in the name of the Defendant, and one card connected to the Defendant's name infinite's name to the Agricultural Bank (D), respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of transfer, submission of a warrant of search and seizure inspection, and reply to materials;

1. Application of Acts and subordinate statutes to an order to submit financial transaction information;

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 of the Commercial Competition;

1. Selection of a selective fine (the details of the transfer of the access medium, the degree of damage caused thereby, the reflectivity, and the fact that there is no previous conviction in the same kind);

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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