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(영문) 창원지방법원 통영지원 2018.10.18 2018고단670
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. No person shall transfer any access medium used for electronic financial transactions on May 3, 2018;

Nevertheless, the Defendant’s statement to the effect that “When sending a physical card connected to the Defendant’s account, the Defendant would make a transaction performance and thereafter borrow a loan of KRW 30 million after raising credit rating.” On May 3, 2018, the Defendant issued one copy of the physical card connected to the Defendant’s bank account B (C) and D bank account (E) at the Gapo-dong post office located in the 10-lane 12-ro Doo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, on May 3, 2018 and transferred the access media, respectively.

2. No person shall transfer any access medium used for electronic financial transactions on May 8, 2018.

Nevertheless, the defendant had lost the B Bank Card which was sent before, so that he had lost the B Bank Card from his name in mind.

C. Around 16:14 on May 8, 2018, at the place indicated in paragraph 1, a bank account in the name of the Defendant was issued and transferred an access medium by giving one copy of the C Card connected to B bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Certificates, etc. of deposit transactions;

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

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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