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(영문) 수원지방법원 성남지원 2018.11.19 2018고정1076
전자금융거래법위반
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

1. On April 16, 2018, the Defendant: (a) borrowed a liquor company with an account that is necessary to save taxes; (b) around 30,00 won on the face of a week; (c) returned from a person who was in the name of the Defendant.

The user fee shall be paid 1.8 million won per head of the Tong.

“On the proposal of the telephone, the Defendant sent one physical card connected to the bank B account in the name of the Defendant to Kakao, and notified the account number and password to Kakao.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

2. On March 2018, 2018, the Defendant: (a) received a telephone proposal from a person in a name in the name of a police officer, stating, “to offer 500,000 won on a face of a week from the head of a Tong and a body card; and (b) sent a password, which is smaller than a personal identification card connected to a new bank C account under the name of the Defendant, to a door-to-door.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement made by the police against the defendant;

1. Statement made by the police against D;

1. E statements;

1. The application of the provisions of Acts and subordinate statutes on the transfer of gold accounts, warrant answer data (Korean bank A account), case transfer documents ( Busan Western Police Station No. 2018-1793), suspect interrogation records, certificates of deposit transaction records, and financial information answer data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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