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(영문) 서울중앙지방법원 2018.11.29 2018고단6929

전자금융거래법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend or borrow any access medium while receiving, demanding or promising to receive compensation.

around 13:48 May 28, 2018, the Defendant would offer two million won if he/she lends his/her account for three days from the 1st floor of Guro-gu Seoul Metropolitan Government Btel 1 to the scaming staff.

“Along with contact, I issued a paper, stating a physical card and password connected to the C bank account (D) under the name of the Defendant, to the above person under the name of Kwikset Service.

Accordingly, the Defendant lent the access media in return for the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of the calendars and dialogues in this body;

1. Application of the respective response data (F banks and G cooperatives branches / F bank insignias) Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (including the time difference, reflectivity, and the fact that the defendant voluntarily requested the bank to suspend payment and thereby preventing additional damage);

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;