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(영문) 서울중앙지방법원 2017.08.29 2017고정2044
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

On September 8, 2016, the Defendant sent a passbook, check card, etc. to be used for tax reduction or exemption from the name in front of the D convenience store located around Bupyeong-si, Seocheon-si, the Defendant would offer KRW 500,000 per one if he sent the passbook, check card, etc. to be used for tax reduction or exemption.

“On the proposal, each debit card linked to the Credit Union Account (Account Number E) and the Industrial Bank Account (Account Number F) in the name of the Defendant was sent using Kwikset Service Articles to the above name in the name of the non-party, and transferred the password by telephone to the access media used for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to G and H;

1. A copy of the petition;

1. Personal information on account holders, a detailed statement of each transaction, an application for bank transaction, and a statement of customer inquiry;

1. The application of the Acts and subordinate statutes to report internal investigation and investigation by each police;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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