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(영문) 서울서부지방법원 2018.12.07 2018고단2913

전자금융거래법위반

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

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

Nevertheless, on January 2018, the Defendant sent a physical card connected to the account that could be deposited into and withdrawn from the Kakao Stockholm through the Internet search between the name infinite and the infinite who became aware of it through the Internet search.

“A proposal shall be received, and shall be accepted, for the same year.

2. 6. 18:40 around 18:40, at the D convenience store located in Daejeon Seo-gu Daejeon, the head of the physical card connected to the new bank account under the name of the Defendant (E) and the head of the physical card connected to the bank account (F) account in the box, packages out to the box and send the number of each physical card to the box using 402, Won-si G Building 402, Seocheon-gu, Seoul, which was designated by the person in whose name was not his name, and the password of each physical card was notified through the Kakao Stockholm.

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. Statement made by the police with H;

1. Each petition, statement, and statement prepared by I, J, and K;

1. Details of transactions with the new bank account, and those of transactions with the bank account in Korea;

1. Application of the Act and subordinate statutes, such as the Stockholm of a person who has no name;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions and Trades (excluding punishment for a violation) applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The crime is committed during the period of the suspension of the sentence of Article 334(1) of the Criminal Procedure Act, which is the period of the suspension of the execution of the sentence of Article 334(1) of the Criminal Procedure Act, and the withdrawal and use of part of the damage amount from the criminal act of springing deposited into the deposit account in the judgment below is disadvantageous circumstances, or there is no criminal history of the same kind, and the defendant suffers from damage by remitting money