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(영문) 서울남부지방법원 2017.09.27 2017고단2720

전자금융거래법위반

Text

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

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 borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium, requiring or promising to receive the consideration.

Nevertheless, on March 27, 2017, the Defendant received a text message stating that he/she would offer money from a person who is not in the name of the Defendant, and on March 31, 2017, he/she promised to receive KRW 2 million per each approaching medium of access in front of the Defendant’s residence from the street and promised to receive KRW 2 million per own loan in front of the Defendant’s residence, and used the check card connected to the new bank account (Account Number: B) in the name of the Defendant and the Nong Bank account (Account Number:C).

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiry of transaction details;

1. Application of Acts and subordinate statutes on account transactions in agricultural cooperatives;

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. Optional fine;

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

1. Consideration of the misunderstanding of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no record of criminal punishment, age, living environment, etc.