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(영문) 서울서부지방법원 2019.06.14 2019고단1127

전자금융거래법위반

Text

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

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend any means of access used in electronic financial transactions while promising to receive compensation therefor.

Nevertheless, the Defendant accepted a proposal that he would pay KRW 80,000 to the account for tax reduction and exemption from the name in the name of the living site for three days. On December 18, 2018, at the front of Mapo-gu Seoul, Kwikwikset service provider, one copy of each physical card connected to the account under the name of the Defendant in the name of the Defendant and the E Bank (F) was sent to the name in the form of selective distribution, and then notified the G password.

Accordingly, the Defendant promised to pay the above compensation and simultaneously lent two means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. customer information and details of transactions of entry and departure (A);

1. Copy of a photographed conversation;

1. Application of Acts and subordinate statutes concerning transaction details of E banks;

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

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

1. Selection of an alternative fine for punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that it reflects the fact that there is no profit acquired by the crime, repayment of the obligation of the National Dental Rehabilitation Fund, and that economic situation is difficult);

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