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(영문) 서울서부지방법원 2018.05.17 2018고단939

전자금융거래법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall lend any access medium in using and managing access media for electronic financial transactions by requiring or promising to receive compensation therefor.

However, on December 11, 2017, the Defendant had the honor to “C(State) of the original re-importer.”

Since it is deemed that there is treatment of imported hospitalization materials, I are leased with the check card in order to receive customs benefits.

Pursuant to the standard of lease of 2 weeks, 300,000 won is prepaid.

Upon receipt of the proposal to the effect that "the defendant was present at around 14:00 on the same day, the defendant was present at around 14:00 of Yongsan-gu Seoul, Yongsan-gu, through Kwikset Service Articles, one check connected to the account (E) of the defendant's name with Kwikset service article, and the defendant was informed of the card identification number to the non-party's name via Mekset Service.

Accordingly, the defendant promised to pay the price and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of statutes concerning the provision of financial transaction information;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [favorable circumstances] / [No punishment history exists that the cream card illegally lent by the defendant is used for committing a crime by telephone finance fraud [no favorable circumstances], and there is no profit acquired by the defendant;