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(영문) 서울서부지방법원 2018.07.18 2018고단1759

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium with a view to receiving, demanding or promising any consideration in using or managing access medium used for electronic financial transactions.

Nevertheless, on November 2017, the Defendant received a proposal from a person who was in the name of the non-name of the deceased on the proposal that "I would allow him to use the passbook at KRW 3.8 million per month in connection with taxes to operate a liquor company," and that I would like to respond to the above proposal while dialogueing through telegram, and around that time, I sent one check card connected to the account of the name of the defendant at the 177-ro, Yongsan-gu, Seoul, Seoul, to a person who was designated by the non-name of the defendant at the location of the bank account of the name of the defendant at the 177-ro, Yongsan-gu, Seoul, and notified the password.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of a protocol concerning the examination of suspect A by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes in transactions involving damage;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine for punishment;

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;