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(영문) 대구지방법원 상주지원 2017.06.13 2017고단177
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

Except as otherwise provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on January 12, 2017, the Defendant, at the C convenience store located in Chungcheongnamcheon-gun, Chungcheongnamcheon-gun, received one million won per account from the needy, sent a cash card that is linked to his own name’s national bank account (D) and two copies of the check card linked to the post office account (E, F) to the address known by the Buddhist winners, and sent the password to the address by telephone.

Accordingly, the defendant would receive the price and sent the physical card and password, which is a medium access to electronic financial transactions, to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made with respect to G and H;

1. Application of the Acts and subordinate statutes for investigation reporting;

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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