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(영문) 서울서부지방법원 2018.06.05 2018고단1111

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

No person shall lend an access medium while receiving, demanding or promising to receive compensation in using or managing the access medium.

Nevertheless, the Defendant, on January 24, 2018, is able to provide a general loan from a person who has no name but to a third party at the interest rate of 5% and KRW 30 million.

However, if we send a physical card, account number, and password because of a lack of transaction performance to obtain such loan, we have accepted the proposal that "on January 24, 2018, we will use it to store the transaction performance and then offer the loan." On January 24, 2018, at around 17:00, 200, Defendant's name bank account (C) in front of Jung-gu Seoul, Jung-gu, Seoul, and 17:00, through Kwikset service articles, sent 2 physical cards connected to the national bank account (D) to the non-name, and notify Kwikset service articles of the password and account number as text messages.

As a result, the Defendant promised to pay for the consideration, and used the approaching media for each other.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (a letter submitted by the person who is not the victim to his/her name);

1. The issuance of a certificate of transfer confirmation, the details of transactions of entry into and withdrawal from the National Bank of Korea, and the application of statutes on transactions of entry into and withdrawal from the Bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant has no particular criminal history other than the first-time fine prior to the Defendant; (b) the fact that the instant case appears to have no profit from the actual acquisition; and (c) the fact that his mistake is recognized and reflected in the case; and (d) the conditions for sentencing, such as the number of access media leased by the Defendant, age, sex, criminal conduct, family relationship, living environment, means and result of the crime, etc.