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(영문) 서울남부지방법원 2018.08.13 2018고단2894 (1)

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

On November 23, 2017, the Defendant: (a) lent a medium of access to the account by receiving letters from a person without the name of the Defendant; (b) thought to acquire the cash of KRW 1 million on three days; (c) delivered the check card of the national bank account (D) opened in the name of the Defendant in the vicinity of the Defendant’s house located in Gangseo-gu Seoul building and the Defendant’s house located in the head of Gangseo-gu Seoul Metropolitan Government on the same day; and (d) notified the password in the mobile phone text.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E and F;

1. Application of a warrant of search and seizure, reply and statutes;

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