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(영문) 서울남부지방법원 2017.09.06 2017고단2813

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 one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

Nevertheless, around March 13, 2017, the Defendant issued a letter of check to the name in front of Yangcheon-gu Seoul Metropolitan Government, stating, “If the account to be used as a private sports hosting company and the member’s withdrawal account is transferred, the Defendant would pay three million won per unit if it is necessary to transfer the check to the member’s withdrawal account,” and issued a copy of the check card connected to the name in the name of the Defendant to the name in the name of Kwikset through Kwikset’s service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Deposits receipt;

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

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in the Selection of Punishment, Selection of Fines (to take into account the background of the crime, the degree of awareness of illegality, the history of the crime, the age of the defendant, and other conditions of sentencing)

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;