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(영문) 울산지방법원 2016.01.08 2015고단2757
전자금융거래법위반
Text

Defendants shall be punished by a fine of two million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall accept, request or promise any payment for a consideration, and engage in any act of lending or lending any access medium used to secure the authenticity and accuracy of the transaction details with users and the transaction details, or keeping, delivering or distributing such medium.

1. On July 2015, Defendant A: (a) sent 3 million won to Nonindicted Party A by telephone from a person in an infinite name, on condition that he/she lent a physical card that he/she will use to operate a sports soil site on his/her own; and (b) sent 3 million won to Nonindicted Party A’s bearer card (C) in the name of the Defendant in front of his/her military apartment in his/her military base located outside Ulsan-gu, Ulsan-gu.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

2. On July 2015, Defendant B received the said phone from Defendant A at a scambling place with the Defendant at the early scambling of the said phone, and was asked to pay KRW 3 million to the Defendant for the use of the said phone. On the following day, Defendant B received the promise from the above inscambing person that “I would give KRW 3 million to the one who sent the cambling card in the name of the Defendant,” and then sent the said cam card in the name of the Defendant to the inscambling in front of the cambscam of the apartment in the name of the said apartment in the name of the Defendant, as well as the bank cam card (D) in the name of the Defendant.

Accordingly, the defendant loaned the access media to electronic financial transactions in return for the promise.

Summary of Evidence

1. Defendants’ legal statement

1. Police seizure records;

1. Photographs of seized articles;

1. Application of the law to forward the case

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act, and the Defendants’ choice of punishment on criminal facts: Determination of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Criminal Procedure Act.

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