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(영문) 서울남부지방법원 2018.04.18 2017고단6157

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, keep, deliver or distribute the cash cards and passwords used in the cash cards, the number of users registered in financial institutions, etc., which are access media in electronic financial transactions, by receiving, requesting or promising to receive compensation therefor.

Nevertheless, around 14:00 on August 1, 2017, the Defendant rendered Kwikset service, on condition that the Defendant received KRW 1.8 million per account from a non-name-based person before the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, on condition that he received KRW 1.8 million per account from a non-name-based person, and issued a check card connected to the name-based person’s account in the name of the Defendant’s bank account

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the law of a copy of the passbook;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act requires strict punishment as well as the background and content of the crime of this case where the above crimes are used as other means of crime. In the actual case, even in this case, the access media leased by the defendant was used for the crime of fraud, resulting in damage. However, it is against the recognition of the defendant, and there was no record of criminal punishment prior to the instant case, and there was no other record of criminal punishment prior to the instant case, and the punishment was determined as ordered by comprehensively considering all the circumstances favorable or unfavorable to the defendant as shown in the pleadings such as the defendant’s age, career, health status, and family relation