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(영문) 서울동부지방법원 2017.09.26 2017고정1075

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person may lend any access medium to financial institutions while receiving, demanding or promising the payment for the consideration. However, on March 2017, the defendant would lend the physical card to him/her in front of Gangdong-gu Seoul Metropolitan Government, with the amount of KRW 3 million.

“The personal bank account (D) in the name of the Defendant was sent to the person without the personal name, and the personal identification number was notified by telephone, and lent the access media with a promise to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of transactions with the National Bank, investigation reports (the details of withdrawal of damage);

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. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the crime of this case is committed not only undermining the trust and safety of financial transaction, but also undermining the trust and safety of financial transaction, and thus, allowing the access media leased from the crime to be used for all kinds of criminal acts. Thus, the crime of this case is not less complicated than that of the defendant, the defendant has no record of criminal punishment due to the same crime, and the defendant has no record of criminal punishment due to the same crime, the defendant's age, family relationship