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(영문) 인천지방법원 2016.10.19 2016고단4402
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one may transfer or acquire any means of access unless otherwise specifically provided for in other Acts in using and managing the means of access.

Nevertheless, on May 15, 2016, the Defendant received text messages stating, “B liquor companies have the capacity to sell imported alcoholic beverages, and there is a reduction of taxes on the occurrence of value added, and I have borrowed the account. The Defendant received a text message stating, “I will make an advance payment of KRW 3.6 million per two accounts, and KRW 1.5 million per account.”

At the time, the Defendant contacted the other party with the serial number from which the above text message was sent by a lending company, such as Rshnb, and it was economically difficult for the Defendant to use it by obtaining a loan from a lending company, etc., and the name influenite (the name: C) sent three cam cards to send 4-5 million won if three cam cards are sent, and 4-5 million won if three cam cards are sent.). On May 29, 2016, at around 15:00 of the Defendant’s house office in Seo-gu Incheon, Seo-gu, Incheon, Incheon, the Defendant sent three cam cards to the Defendant’s national bank account (E) before the Defendant’s house office (Da202), one cam cards and passwords connected to the bank account (F) and one cam cards connected to the account (G) and one cam cards connected to the Nonghyup bank account (G) and transferred the name of Kwikset’s newspaper service.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Application of Acts and subordinate statutes on deposit transactions;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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