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(영문) 서울남부지방법원 2017.10.12 2017고단3997

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium while receiving, demanding or promising to receive compensation in using or managing any medium access to electronic financial transactions.

Nevertheless, on May 18, 2017, the defendant is "C Company D's agency" from a person who is not in the name of around 12:00.

It will be 2 million won per one account for the purpose of tax reduction and exemption, and it will be returned after one week.

On May 22, 2017, after receiving a proposal to the effect that "," and accepting it, around 12.30 on May 2, 2017, Kwikset service included one e-mail card connected to the company bank account (F) in the name of the defendant in the front road in Guro-gu Seoul, Guro-gu, Seoul, and sent the password to the name in secret, and the password was known by wire.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes on account transactions in corporate banks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment);

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

1. The transfer of the media that approaches the reasons for sentencing of Article 334(1) of the Criminal Procedure Act to the order of provisional payment is very dangerous act such as being used for the crime of Bosing, and the actual occurrence of the victim of Bosing. However, there are extenuating circumstances, such as the fact that the defendant is led to confession, reflects, and is the first offender, which are favorable circumstances.