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(영문) 서울중앙지방법원 2017.10.12 2017고단6023

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to give instructions on transactions in electronic financial transactions or to use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on May 25, 2017, the Defendant offered a promise to offer KRW 3 million per month from a person who was in the name of the Defendant to a person in the name of the Defendant, and issued to Kwikset service article with two physical cards connected to the company bank account in the name of the Defendant (Account C) and the new bank account (Account Number D) in the sports elementary school in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

As a result, the Defendant promised to pay for, lent each approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of data on financial transaction status;

1. Application of Acts and subordinate statutes to investigation reports (report on the attachment of a detailed statement of account transactions with the new bank transferred by the person under investigation) and the details of transactions by entering and leaving the new bank attached thereto;

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 account linked to each physical card lent by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was actually used for the singishing crime, and the damage was not significant.

However, the defendant shows an attitude to repent of mistake while making a confession of all the facts constituting the crime of this case, the remaining economically difficult and has committed the crime of this case, but there is no economic benefit gained therefrom, and there is no serious criminal record exceeding the fine, and there is no other criminal record.