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(영문) 서울중앙지방법원 2016.12.08 2016고정3474

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 9, 2016, the Defendant received a proposal that “B will pay KRW 2 million per account if he/she lends a card for one day,” by telephone from the person in unsound name, and around 14:00 of the same month, around the 10th day of the same month, the Defendant provided a means of access, either through Kwikset, through Kwikset’s service, and through Kwikset, sent a password to the person in unsound name, and notified him/her of the password to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Copies of deposits without passbooks;

1. Application of Acts and subordinate statutes on response to corporate banks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;