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(영문) 서울중앙지방법원 2018.08.23 2018고단3707

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

No person shall lend any access medium used in electronic financial transactions to any third person while promising to receive a price.

At around 17:00 on March 30, 2018, the Defendant: (a) received 3 million won per account in return for using the Defendant’s name account for three (3) days from the person in non-name; (b) issued a physical card linked to the Defendant’s corporate bank account (number C) via Kwikset service article to the above non-standing person; (c) around that time, the Defendant informed the password of the above Kakao Stockholm via Kwik Stockholm.

Accordingly, the defendant, which is a medium of access to electronic financial transactions, used in electronic financial transactions, replaced the name card and password of the Saemaul Treasury.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of transactions of automation machinery, notification of data on financial transaction status, inquiry about customer basic information, and application of Acts and subordinate statutes on specifications of transactions by account;

1. The selection of a fine under Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Aggravated Punishment and Financial Transactions, the selection of a fine for criminal facts (such as the initial crime, the mistake in depth, and the fact that the defendant has not acquired the price, etc.);

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;