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(영문) 청주지방법원 2018.09.13 2018고정438
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

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising the payment thereof in using or managing access medium used in electronic financial transactions.

Nevertheless, on May 8, 2018, the Defendant borrowed a check card from a person who has no name but to use it only 20,000 won on the face of the head of the Tong and the check card.

“A” phone calls to lend a e-mail card to a nameless person and receive KRW 2 million. At around 18:45 on the same day, the e-mail card was drawn up with a e-mail card connected to the account (Account Number C) of a national bank in the name of the Defendant to B, who was ordered by the deceased in front of 20 new elementary schools, in front of Cheongju-si, from 18:45 on the same day and collected the e-mail card.

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. Copy of the protocol concerning the examination of suspect of the police against the person under consideration B;

1. Details of the Kakao Stockholm dialogue;

1. Domestic investigation report (documents to be sent by the suspect A, the case number of the Busan police station, case number of 2018-1731, case number of the suspect), documents to be sent by the Busan police station, documents to be sent by the Busan police station, and copies of the protocol of suspect interrogation of the suspect B to the suspect B;

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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