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(영문) 서울중앙지방법원 2016.04.28 2016고정993
전자금융거래법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute any access medium, while receiving, demanding or promising to receive, demand or promise any access medium;

Nevertheless, on August 28, 2015, Defendant A promised to receive a total of 2,100,000 won as a transaction fee from a non-party referred to as C's D team leader through Kwikset delivery service at the home of the Seoul Gangnam-gu building and the principal's residence, Defendant A agreed to receive a total of 2,10,000,000 won as a transaction fee, a passbook (Account Number:E) in the name of the Defendant, which is an access medium issued at the location of a company bank branch.

B. Defendant A urged a person who does not receive money from a person who is referred to as the team leader in the name of the D head of the D team to post a telephone to the person who was not wired, and sought to find it at the same point of corporate bank science on September 2, 2015, which does not mean.

The media was terminated.

On the same day, the Defendant embezzled the remaining amount of 356,446 won from the loan fraud damage (victim F, 31 years old) that was remitted to the Defendant’s account at the same seat of the above enterprise bank, and arbitrarily used it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s authenticity and written statements to the Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 49(4)2, 6(3)2 (a) of the Act on Electronic Financial Transactions (a point of lending an electronic financial access medium), Article 355(1) of the Criminal Act (a point of embezzlement), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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