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(영문) 대구지방법원 서부지원 2016.01.14 2015고단2004
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall keep, deliver or distribute any access medium while receiving, demanding or promising any consideration.

Nevertheless, on July 17, 2015, the Defendant: (a) received a proposal from a person who was not the deceased, and consented to the proposal, and (b) offered that “The head of a Tong will be KRW 2.50,000 if the head of a Tong is sent to Seoul.” (b) B, around July 17, 2015, provided that “The head of a Tong will be sent to 2.50,000 won if the head of a Tong is created and sent to Seoul; (c) the Defendant was given a letter of bank physical card to a Buddhist person in Seoul via an express bus at a bus terminal located in Ulsan Metropolitan City.”

Accordingly, the defendant delivered and distributed access media while receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes governing search and seizure warrants;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine for punishment (including the fact that the accused has led to a confession of a crime, appears to reflect in depth, that the accused has no record of punishment for the same crime, and that the accused has age, etc.);

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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