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(영문) 대구지방법원 포항지원 2017.11.08 2017고정245
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one may transfer access media used for electronic financial transactions, the defendant, B, and C obtained a proposal from a person in the name of the defendant, B, and C on March 22, 2017 that "at around 11:00, the defendant will offer three million won per card if the head of a Tong is sent to him/her by creating a passbook and sending a cash card" and accepted such proposal, and at around 15:50 on the same day, he/she opened six copies of the cash card connected to the name of the defendant's father-gun-gun, Ulsan-gun, U.S., U.S., and U.S. bank account under the name of the defendant, B, and C, each of which is linked to the bank account under the name of the defendant, and six copies of the cash card linked to the bank account, post offices, and Suwon-dong bank account, respectively.

Accordingly, the Defendant transferred the access media in collusion with B and C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (the contents of the Kakao Stockholm dialogue exchanged with the transferee or transferee of the access medium), investigation report (the head of a Tong or a suspect's inquiry into the details of entry and departure transactions);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act concerning the facts constituting an offense;

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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