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(영문) 인천지방법원 2016.09.22 2016고단5524
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

Punishment of the crime

No one shall transfer or take over any access medium, such as an electronic card, which is used to issue instructions on transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, unless otherwise expressly provided for in other Acts and subordinate statutes.

On May 15, 2015, the Defendant received a proposal from the head of the Tong in order to distribute alcoholic beverages from a person who is influence of the name of the team leader B, and expressed that the head of the Tong will offer KRW 2,00,000 per unit per unit of the bank account in the name of the Defendant, and attempted to offer one physical card connected to the bank account (C) and the Saemaul Bank Account (D) in order to provide Kwikkset with one password, one password, and one secret-based access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s authentic statement and written statement;

1. Data, etc. on financial transactions, personal financial transactions (nationals, F), and details of transactions (D);

1. Application of Acts and subordinate statutes on CCTV data replies;

1. Article 49 (4) 1 and Article 6 (3) 1 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 fact that his/her mistake and reflects his/her mistake, and the fact that there is no other penalty history, in addition to the punishment of a fine for each type of crime);

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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