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(영문) 전주지방법원 2018.07.16 2018고정244
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

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising any consideration therefor, or store, deliver or distribute such medium.

On May 24, 2017, the husband C of the defendant lending the head of Tong to resolve the corporate tax problem from the person who has not been killed in his name (the name "D division") on May 24, 2017 to KRW 500,000 per one.

“In the phone call to the effect that “,” and discussed with the Defendant, the head of the Tong in the name of the Defendant, the Defendant, and the Si shall be lent.

On May 25, 2017, the Defendant and C send five physical cards linked to the stadium in the name of the Defendant E in the name of the Si of the Si (Account Number:F), the same name of the Si of the Si (Account Number: G), the Agricultural Cooperative Account in the same name (Account Number: H), the Agricultural Cooperative Account in the name of the I, the Agricultural Cooperative Account in the name of the Defendant (Account Number: J), and the New Cooperative Account in the name of the Defendant (Account Number:K) and five accounts in total in the name of the Defendant, from the above name of Kwikset.

In this regard, this was replaced.

As a result, in collusion with C, the Defendant demanded or promised to pay the price, and up to five copies of the above physical card, which is an access medium used in electronic financial transactions, the Defendant used the above physical card to the above person without the name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copies of police statements made against L/M;

1. A copy of the bankbook;

1. Investigation report (to attach a copy of a bankbook and a list of evidence 8);

1. An investigation report (organization of accounts for transfer of a suspect, and list of evidence 9);

1. Investigation report (Kaxo content with suspect and husband C, evidence No. 33);

1. Application of Acts and subordinate statutes to report internal investigation (to attach response materials following the execution of a warrant of search and inspection of seizure, and list of evidence No. 44);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act 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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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