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(영문) 인천지방법원 2017.05.24 2017고단2251
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing access medium for electronic financial transactions.

Nevertheless, the Defendant, upon receiving a proposal from a person in the name unexplosion, proposed that “The monthly amount of KRW 2,00,000 or KRW 5,000,000 per month will be paid to the Defendant,” and promised to do so, on November 2015, the Defendant opened a national bank B account in the name of the Defendant and a corporate bank C account in the vicinity of the Incheon Bupyeong Fire Station, which was located in the Seocho Fire Station, in early November 2015, and included a paper stating the above account and the corresponding password in the box, and opened the physical card 1 and the relevant password in the box, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement and details of transfer to D (the 8, 2, 4 through 10 pages, 12 pages each time);

1. Copy of the police statement made to E;

1. Parts related to defendants in the details of the response to financial information (the net 7, 1, 87 through 90 pages);

1. Data on response to financial information;

1. Application of Acts and subordinate statutes to investigation reports (related to the suspect A's corporate bank account);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the defendant promising the defendant to pay for the consideration and lending the approaching medium is not less than the standard for the crime. However, in consideration of the fact that the defendant's mistake is recognized, the defendant's mistake is not paid, and there is no same power, a fine is imposed as ordered.

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