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(영문) 수원지방법원 2018.08.14 2018고단1098
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

Criminal facts

On October 2017, the Defendant: (a) received a proposal from a person in a false name, who misrepresented himself/herself as a staff member of a liquor company, stating that “The Defendant would give KRW 3 million per page to the account in need of a tax reduction or exemption issue; (b) received such proposal; and (c) sent two physical cards connected to the Defendant’s bank account (Account Number E) and the new bank account (Account Number:F) via Kwikset’s service at the Defendant’s residence at the end of the end of October 2017, 2017, and informed him/her of the password by telephone.

As a result, the Defendant promised to return to another person the access medium used in electronic financial transactions, and the Defendant agreed to receive a return from an investigating agency after the month of his/her access to the name in question. The contact with the name in question was interrupted.

The statements were made.

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. Details of financial transactions, verification certificates, and response to financial data;

1. Application of Acts and subordinate statutes on a petition;

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 a selective fine for punishment (the following circumstances are considered: (a) the defendant repents and reflects the crime of this case; (b) the defendant seems to have no profit from the crime of this case; (c) the defendant has no record of criminal punishment; and (d) the defendant lent access media to the criminal; and (e) the defendant used the media for the criminal act of licensing);

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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