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(영문) 서울서부지방법원 2018.01.18 2017고단3365

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, around May 9, 2017, the Defendant received a promise to pay 5% of the amount deposited in the passbook in the name of the Party, and the Defendant issued the access media, such as physical card 2, OTP, and official certificate, connected to the account under the name of the Defendant (B) and the national bank account (C) in the name of the Defendant, and sent the password of each of the above physical cards to the non-resident.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes governing personal financial transactions, replies, and text messages;

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 a selective fine for punishment (including the fact that his/her mistake is recognized and the first offender is considered);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;