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(영문) 인천지방법원 2017.08.10 2017고단4364
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 any access medium used for electronic financial transactions in using and managing access medium.

around 17:00 on February 18, 2017, Defendant 1, “2017 Highest 4364,” proposed that he/she will provide 10,000 won per day from a person who was unable to know his/her name before his/her residence in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, to a person who was unable to know his/her name, and issued a Saemaul Treasury Account (C) with the name of the Defendant, and transferred an access medium by notifying his/her password.

"2017 Highest 4867"

2. On February 21, 2017, the Defendant: (a) received a proposal from a person whose name is unknown, who borrowed a physical card from a person whose name is unknown, to offer KRW 100,000 won per day; (b) issued a post office account (D) in the name of the Defendant to a person whose name is unknown; and (c) transferred a accessible medium by notifying the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Details of each transaction, Kakao Stockholming data, and response data;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and Articles 49 subparag. 1, 6 subparag. 3 subparag. 1, and 6 subparag. 1 of the Electronic Financial Transactions Act regarding criminal facts and the selection of fines for negligence (it is not good that access media transferred by the defendant were used for the crime of Bosing, and the nature of the crime is not good, but it is not identical criminal records, and it is against his/her mistake);

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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