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(영문) 서울서부지방법원 2017.07.05 2017고단1105

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium used for electronic financial transactions after receiving, demanding or promising the consideration.

Nevertheless, on January 5, 2017, the Defendant, in the Defendant’s residence located in Mapo-gu Seoul Metropolitan Government (Seoul Mapo-gu) around January 5, 2017, committed a promise that “on the loan of the account that needs to be paid KRW 3 million per one if the account is due to a tax issue,” and sent a physical card 2 linked to the Defendant’s corporate bank account (C) and the new bank account (D) to the Defendant, using Kwikset’s service.

Accordingly, the defendant provided access media to the name in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of details of transactions by account and copies of bankbooks Acts and subordinate statutes;

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. The crime of lending an access medium to electronic financial transactions for the reason of sentencing under Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes against many and unspecified persons, such as electronic financial fraud. In light of the fact that the access medium provided by the Defendant was actually used for the crime of electronic financial fraud, the crime liability is unlimited, but the Defendant’s mistake is against himself, the primary offender is the primary offender, and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, etc., are determined as ordered.