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(영문) 서울서부지방법원 2017.10.31 2017고단2466

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in using or managing access media for electronic financial transactions.

Nevertheless, around 14:00 on June 19, 2017, the Defendant promised to receive KRW 70,000 per day in return for lending an account to a person with no name in front of the new forest of Yeongdeungpo-gu Seoul Metropolitan Government, to receive KRW 70,00 per day in return for lending the account to the person with no name, and send the cash card 1 and password connected to the SC bank account (Account Number C) in the name of the Defendant through Kwikset service.

It lent a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as details of transactions, certificates of deposit transaction records, and financial transaction statements;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the account leased by the Defendant was used for the criminal conduct of Bosing is disadvantageous.

However, the sentencing factors, such as the fact that the defendant is against the defendant, the first offender, other circumstances leading the defendant to commit the crime, the age, sex, environment, etc., shall be taken into consideration, and the punishment shall be determined like the order.