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(영문) 의정부지방법원 2018.03.22 2018고단85
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person of 2018 shall transfer or take over any access medium or lend or take over any access medium in using or managing the access medium.

Nevertheless, on August 28, 2017, the Defendant received the word “private gambling site is an enterprise operating the private gambling site” from a person without his name, and issued a physical card connected to the bank account (C) opened in the name of the Defendant in front of the Defendant’s residence in Namyang-si, Gyeonggi-do, with the word “to pay KRW 4 million per week from one account,” and sent the password to Kakao Stockholm.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

No person of the 2018 Highest 225 shall lend or receive any passbook, physical card, etc. which is an access medium necessary for electronic financial transactions in return for a consideration.

Nevertheless, at around 16:30 on August 29, 2017, the Defendant borrowed a access medium for electronic financial transactions by accepting a proposal from a non-name-based person to “to pay approximately KRW 3050,000,000 to one month per head of Tong, if he/she lends an account,” and then delivering one check card connected to the Nonghyup Account (D) under the Defendant’s name to a non-standing person through Kwikset and informing him/her of the password number to Kakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the certificate of transfer confirmation, reply data to the Bank, and detailed statement of deposit transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Electronic Financial Transactions Act (excluding punishment) and Article 6 (3) 2 of the same Act (excluding punishment);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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