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(영문) 서울남부지방법원 2019.01.08 2018고단5637

전자금융거래법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a Chinese national.

No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.

Nevertheless, on July 1, 2018, the Defendant accepted the proposal that “The cream card to be used by Abber will be used for a short-term, short-term, short-term, short-term, short-term, and short-term, at a place where it is not known to the Seoul Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as “Seoul-gu”).

On the same day, the Defendant issued a cash card connected to the bank account under the name of the Defendant to a man whose name the name was not known and sent by the said C, and notified the password to him.

The Defendant promised to receive such consideration and lent the means of access linked to the Defendant’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the F Statement;

1. A customer information inquiry list and details of transactions;

1. Application of a copy of passbook and Acts and subordinate statutes concerning transaction;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant is used for the crime of singing, and its nature is not good. However, the confession of the defendant, the fact that the defendant could not obtain the cost of lending the means of access, the fact that there is no specific punishment power in Korea prior to the instant case, the victim who raised the petition is deemed to have paid the amount of damage caused by the fraud, and the fact that the petition has been withdrawn, and other circumstances shown in the instant records and trial process, such as the defendant's age, environment, and circumstances