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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1660
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lease any access medium used in electronic financial transactions while receiving, demanding or promising to provide compensation therefor.

Nevertheless, on April 2017, the Defendant received a proposal that “it is located in Busan, but it is necessary for the company to operate the company, to pay 4% of the deposit amount to the face-to-face fee for the loan of the cash card under the name of the company.” On April 26, 2017, the Defendant delivered two cash cards connected to (B) a new bank in the name of the Defendant and the national bank (C) to the Defendant for consideration by delivering two cash cards connected to each of (C) a new bank in the name of the Defendant and the national bank (C) on April 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of transfer and transactions;

1. Details of replies;

1. Application of statutes on video data;

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 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;

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