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(영문) 서울중앙지방법원 2017.10.12 2017고단6028

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 person shall transfer or take over any access medium, or lend or lend any access medium to another person while requiring him/her to pay, receive, or promise to do so in using or managing access medium for electronic financial transactions.

Nevertheless, on June 19, 2017, the Defendant promised to receive KRW 300,000 per month from the phone of a person without a name, who borrowed the passbook to the effect that “the Defendant would pay KRW 3 million to him/her for entry in the course of operating the Internet shopping mall,” and then lent the access media by sending the check card, which is a medium of access to the electronic financial transaction of the Defendant’s bank account of the Gangnam-gu Seoul Metropolitan Government Kwikset-ro 137 Hyundai Marine Building, to a person without a name, and informing him/her of the account number and password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to inquiries about the results of transfer by financial institutions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Consideration of various circumstances, such as the number of passbook transferred, gains obtained from the crime, age of the defendant, sexual conduct, career, home environment, motive and means of the crime, circumstances after the crime, etc., that are the conditions for sentencing specified in the pleadings of the instant case, such as the fact that the account leased by the defendant was actually used for actual financial fraud: The fact that the account was committed by the defendant was less favorable to the actual fraud: the fact that the defendant committed the crime was committed; the fact that there was no record of identical crime;