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(영문) 서울서부지방법원 2018.11.23 2018고단3251

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium in receiving, demanding or promising any consideration in using or managing access medium required for electronic financial transactions.

Nevertheless, on July 19, 2018, the Defendant received a proposal to the effect that “if he/she lends a e-mail card for three days, he/she will give KRW 3 million to the e-mail,” and accepted it, around 19:00 on the same day, he/she lent a e-mail card connected to the Defendant’s name bank account (Account Number B) to the male who sent the name in front of the 37-7 neighboring church at Eunpyeong-gu Seoul Metropolitan Government Green-ro 37-7 neighboring, and lent the e-mail card through the Kakao Stockholm on July 20, 2018 by informing the name influor of the password.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to materials reply to warrant execution;

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. 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;