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(영문) 인천지방법원 2018.02.08 2017고단6716 (1)
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall transfer or take over any access medium used for electronic financial transactions in using and managing access medium.

On June 17, 2016, the Defendant was aware that he was a person who sells a passbook to an operating person, such as an illegal sports soil, at the location of the bank Kim Jong-si, Kimpo-si, 4-117, Kimpo-si, Kimpo-si, and that he would offer KRW 100,000,000 if he opened an account in the name of the juristic person and paid the check card, etc.

“A” recipient of the proposal, he issued a new bank account (C) card, etc. to B, and notified the password.

Accordingly, from around that time to June 21, 2016, the Defendant transferred the access media to the managers of the illegal sports soil through B, etc. three times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of documents of a corporation), (23 through 237 pages of evidence records), investigation report (Attachment of documents and details of transactions of a corporation);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for 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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