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(영문) 창원지방법원 통영지원 2018.04.13 2017고단1792
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

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on September 5, 2017, the Defendant received a letter from a person who was in the name of the deceased, stating that “the Defendant will use the physical card only one month and pay KRW 300,000,000 as a rental fee,” and promised to contact with a person who was in the name of the deceased and receive KRW 300,000,000,000,000. On September 7, 2017, the Defendant sent one copy of the physical card connected with the Defendant’s name in the name of the deceased and the Mat in the name of the deceased and then sent it to the Kwikset service engineer.

As a result, the defendant promised to receive 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. E’s written petition;

1. Application of Acts and subordinate statutes governing the receipt of deposits in return;

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

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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