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(영문) 청주지방법원 2016.10.12 2016고정726
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, on April 14, 2016, the defendant received a proposal that "if you send a e-mail card and passbook, it will be used to purchase the e-mail card and passbook, and the profits of KRW 300,000,000 per month shall come to the profits of the defendant's mother B's bank account (Account Number:C) from the non-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de

As a result, the Defendant promised to receive compensation and lent the check card, which is a means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (the nominal B telephone communications by the passbook owner);

1. Investigation report (to specify the name of the account holder used for committing an offense, and to attach a detailed statement of deposit transactions);

1. Application of Acts and subordinate statutes to investigation reports (the analysis of details of accounts received);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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