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(영문) 대구지방법원 서부지원 2017.05.19 2017고정45
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer any access medium in using and managing the access medium for electronic financial transactions unless otherwise expressly provided for in any other Act.

Nevertheless, on July 2016, the Defendant, at the Defendant’s office located in Daegu-gu Hamman B, has “whether he carries on a construction material business” from a person who is not his name;

In response to a contact with the purport that the proceeds from leasing construction machinery to a construction company, etc. shall be divided, and that the cash card to pay the proceeds therefrom shall be kept in the name of the defendant, the bank account (C), the company bank account (D), and the Saemaul Treasury account (E) shall be sent to the officers of the Kwikset Service in a paper box, and the number of each cash card was notified by telephone, and no guarantee was provided.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. A deposit certificate and a detailed statement of transactions;

1. Application of investigative reports (verification of additional cash cards transferred by suspects)-related Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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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