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(영문) 수원지방법원 2017.04.14 2016고단7703
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on October 2016, the Defendant agreed to receive 600,000 won per access medium from the person who was in the name of the police officer and lent the access medium to the account and acquired cash. On October 25, 2016, the Defendant agreed to receive 600,000 won per access medium from the parking lot of the branch of the Seoul National University University Hospital located at the 300 U.S., Dong-dong, Seonam-dong, Seonam-gu, Seoul National University University Hospital from around 10, 2016 to receive 1, and then sent each physical check from the new bank account (B) and the national bank account (C) opened under the name of the Defendant, and sent the password to the phone.

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 against D;

1. Application of Acts and subordinate statutes governing a certificate of request for deposit of a refund;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and the Selection of fines concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) and the initial offense in the order of provisional payment;

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