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(영문) 서울서부지방법원 2018.07.24 2018고단1806

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing access medium for electronic financial transactions.

However, on August 22, 2017, the Defendant agreed to receive KRW 1,00,000 per month in cash in return for the lending of the account in the Seocho-gu Seoul Metropolitan Office near the Seocho-gu Office, and send it to the person who is not in fact.

Associate, the defendant lent the e-mail card and the OTP card in the name of the national bank account (C) in the name of the defendant to the non-party-based company.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of deposits and withdrawals from B accounts;

1. Application of the Acts and subordinate statutes to response materials;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

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

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [favorable circumstances] / The defendant transferred access media is used for the purpose of fraud, the acquisition of 2 million won in return for the lending of access media / [ favorable circumstances] the defendant did not have any record of punishment other than punishment one time, and there is no same record of experience as that of punishment, and a mistake is divided;