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(영문) 서울중앙지방법원 2018.04.24 2018고정643
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity of the users and the transaction details to any third person while receiving any price therefor, demanding or promising to do so.

On October 17, 2017, the Defendant offered a proposal that he would lend a passbook of 30,000 won per day from a person who was not in his name to his apartment site near the Jung-gu Seoul Metropolitan Government, and 7,100,000 won per day from a person who was not in his name. The Defendant used access media for electronic financial transactions, such as the physical card in the account of the National Bank (B) in the name of the Defendant, to a person who was not in his name through C’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on internal investigation (C counterpart internal investigation);

1. Application of the transportation route Acts and subordinate statutes;

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;

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