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(영문) 서울서부지방법원 2018.05.04 2018고단655

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on August 29, 2017, the Defendant received a proposal from a person without his/her name to pay KRW 700,000 per share of a passbook or a e-mail card as usage fee, and consented thereto, and thereafter, the Defendant lent the access media by delivering a e-mail card and one e-mail connected to the deposit account in the name of the Defendant in the name of one bank in Eunpyeong-gu Seoul Metropolitan Government (E).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the Han Bank Answer Data (A);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;