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(영문) 서울동부지방법원 2017.11.10 2017고정1193
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer a medium of access under the Electronic Financial Transactions Act in using or managing such medium.

Nevertheless, on March 24, 2017, the Defendant received 2,100,000 won from a person who was in a name in the convenience store C located in Seongbuk-gu, Seongbuk-si, Sungnam-si, and issued Kwikset-si's name account (D), physical card, etc. to the person who was not in a name in the name of the Defendant as an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reports (account analysis);

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

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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