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(영문) 수원지방법원 2017.05.25 2017고단957
전자금융거래법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000, respectively.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

1. On early 2016, Defendant A sent a passbook, check card,OTP, and password to the national bank account (E) opened in the name of the Defendant, in return for the promise to receive KRW 900,000 won per access medium from the off-site D convenience store located in Suwon-si C at around that time, and sent the passbook, check card, OTP, and password of the national bank account opened in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

2. At the end of December 2015, Defendant B, on the Internet bulletin board, reported the “daily pay” advertisement on the Internet-based website bulletin board, sent an access medium to the Defendant’s account under the name of the Defendant to transfer the Defendant’s name and acquire cash, and opened a passbook, e-mail card, OTP, and password in the Defendant’s bank account (F) opened under the name of the Defendant with cash KRW 500,000,000,000,000,000 won in cash from the Defendant’s bank account (F) opened in the name of the Defendant on January 3, 2016.

Accordingly, the Defendant transferred the access media used in electronic financial transactions.

Summary of Evidence

1. Defendants’ legal statement

1. Each internal investigation report (c).

Criminal facts

A related suspect, a vehicle for use, an integrated photograph reply, c.

A G account analysis of criminal facts, face-to-face internal affairs, and self-statements attached to the account holder B, H-to-face internal affairs, and self-written records)

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawals;

1. Article 49(4)2 of the Electronic Financial Transactions Act and Article 6(3)2 of the same Act; Defendant B who selects a fine: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; and Article 6(3)1 of the same Act.

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