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(영문) 서울남부지방법원 2018.02.08 2017고단5595

전자금융거래법위반

Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

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, the Defendant, on September 6, 2017, recruited a physical card to be used for the collection of the rent for liquor tax reduction and exemption, from the person who was in the name of the deceased on September 6, 2017, “(State) circulation B,” and sent a physical card.

The proposal was presented to the effect that it will be used for 3 days per day and paid 700,000 won per day in return, and accepted it, and around September 11, 2017, at D Offices located in Guro-gu Seoul Metropolitan Government, a physical card card was sent to the person who was named in the name by inserting the secret number together with the paper paper with the paper paper where the No. 1 card was entered in the Agricultural Cooperative Account (E) in the name of the defendant.

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. Statement made by the police with regard to F;

1. Details of financial account transactions of victims and those of suspect financial account transactions;

1. Application of a criminal investigation report (report on the submission of suspect mobile phone text messages) and one copy of a text message;

1. Relevant legal provisions concerning criminal facts and Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions for the Selection of Punishment ( Consideration, including the selection of punishment, the amount of damage caused by the crime of Bosing, the amount of fine once, the amount of fine, the fact that there is no particular power other than once, and the fact that only the victim has agreed with the victim);

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order;