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(영문) 서울중앙지방법원 2017.11.08 2017고단5976
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 expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute such medium.

Nevertheless, the Defendant, on March 1, 2017, visited Kakao Kakao Kakao, in a place where the Defendant was aware of the search of “high profit Alba,” “short-term Alba,” etc. on the Internet on the date in the middle of the year, and sent 100,000 won per day on the account where the Defendant leased the chips from the head of the Tong and the Sim chip.

“In receipt of the proposal, one bank passbook (Account Number DO) opened in the name of the Defendant at a terminal in Gyeonggi-do using high-speed bus stack from the Busan Metropolitan City, Seo-gu, Busan Metropolitan City, Busan, Busan, and one bank passbook (Account Number DO) opened in the name of the Defendant, a new bank access medium for electronic financial transactions, and one bank passbook (no suspicion of the same day) opened in the name of the Defendant, under the direction of the name of the person without a name, in accordance with the direction of the person with no name, shall be sent to the person with no name.

It lent the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of the police against DP;

1. A statement of victims of the DDR;

1. Application of Acts and subordinate statutes to inquire about the results of transfer, a photograph of other accounts transfer, a certificate of deposit transaction records, a statement of transaction, and details of transaction;

1. Article 49 (4) 2 and Article 6 (3) 2 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 an alternative fine for 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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