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(영문) 서울북부지방법원 2018.09.04 2018고정933

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

No person shall lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant loaned three physical cards from around October 2017 to around KRW 10 million on a one-time basis.

In response to the proposal, Hanman Card borrowed, Hanman Card was issued, at around that time, to the above B, from the Defendant’s residence located in Jung-gu Seoul Metropolitan Government C and 101, one check connected to the Saemaul Treasury account (Account Number: D) in the Defendant’s name, one check connected to the Defendant’s E bank account (Account Number:F) in the Defendant’s child, and one check connected to the Defendant’s E bank account (Account Number: G) in the above E’s name.

Accordingly, the defendant promised to receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Investigation report (verification of the progress of case investigation of witnesses B telephone conversations and B);

1. Application of the details of deposits, certificates of identification by member transaction account, copies of passbooks of a national bank, and copies of passbooks of Korean banks;

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. Selection of an alternative fine for 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;