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(영문) 수원지방법원 2017.04.27 2017고단1258
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on January 6, 2017, the Defendant promised to receive KRW 700,000 per head of the Tong in return for allowing the Defendant to use the passbook for money laundering of oil company from his name in front of Suwon-si, and promised to receive KRW 700,000 per head of the Tong in return for the use of the passbook for money laundering of oil company. After packaging one physical card connected to the Defendant’s name, and one physical card connected to the passbook (D) of the Saemaul National Federation of Saemaul National Federation of the Bank in the name of the Defendant on paper, and then, through Kwikkset service articles, sent the password number to the above name in the name of the Defendant through Kwikset service articles.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes governing the statement of transactions prohibited from automatically entering and withdrawing cash;

1. The written indictment under Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and Article 6(3) of the Act on the Selection of Punishment of Specific Economic Crimes include the relevant legal provision applicable under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act.

However, the entry of the facts charged is not the transfer of access media, but the fact of lending access media, and the defendant Indian investigative agency borrowed the above card for 3 days from this court to this court.

any statement shall be deemed to be a clerical error, and shall be corrected ex officio;

Selection of Fines

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;

1. Although the Defendant predicted the possibility of being used for illegal transactions for pecuniary interests, he/she committed this case’s crime, even though he/she was able to commit this case’s crime for the reason of sentencing under Article 32(1)3, Article 25(3)3, and Article 25(4) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation.

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