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(영문) 부산지방법원 2017.11.23 2017고정1965
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

Except as otherwise provided for in other Acts, no one shall lend or lend any access medium with the receipt of, demand for, or promise to provide compensation in the course of using and managing the access medium.

Nevertheless, on March 16, 2017, the Defendant listened to the phrase that “on a face to lend a passbook and a e-mail card connected to the bank account, the Defendant would give at least KRW 10-200,000 won per day, and KRW 300,000 per month,” from a person who was in the name of the deceased, and consented thereto, and then, the Defendant sent the passbook and the e-mail card to the guard room of the C Apartment apartment located in Busan Young-gu, to the Defendant’s name, and issued the Kwikset service engineer who sent the above name to the above person in the name of the deceased.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of a certificate of remittance confirmation (15 pages of investigation records), account transaction details (72 pages of investigation records), and photographics (73 pages of investigation records) by capturing text messages;

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