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(영문) 인천지방법원 2016.01.25 2016고정131
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall borrow, lend, or store, deliver, or distribute any access medium while transferring or taking over the access medium or receiving, demanding, or promising to receive, demand, or promise any access medium.

Nevertheless, around July 11, 2014, the Defendant opened an IBK Bank Account (C) in his name and transferred the e-mail card, which is an electronic access medium, by using Kwikkset service, to deliver all the e-mail cards to the needy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry of transaction details;

1. Application of the statutes notifying data on financial transaction status;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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