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(영문) 부산지방법원 2018.02.01 2017고정2420
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

Except as otherwise expressly provided for in any other Act, no person shall lend any electronic financial transaction access medium at the request or promise of compensation.

On May 30, 2017, the Defendant: (a) received a proposal from a person who was in the name of the Defendant, stating, “I would sell a e-mail card to KRW 2 million; and (b) accepted it; and (c) delivered two copies of the e-mail card to a new bank account (E) and the Nong Bank account (F) each connected to D located in the part adjacent to C Park located in Busan-gu, Busan-gu., by using her home in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes, such as a bank transaction application and details of account transactions (22 pages of investigation records);

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