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(영문) 서울남부지방법원 2016.09.12 2016고단1941
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 lend or lend any access medium while receiving, demanding or promising a password, user number, etc. registered with a financial institution or an electronic financial institution, which is a medium access to electronic financial transactions, necessary for the use of the cash card or cash card.

Nevertheless, on January 2016, the Defendant promised to receive KRW 100,000 from a person who was his/her name in return for his/her trade name in the entertainment room near the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, to receive KRW 100,00 from a person who was not his/her name, and issued a corporate bank passbook (Account Number B) and an OTP security card connected to the above account in lieu of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notification of data on current status of financial transactions and application of Acts and subordinate statutes on account transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The act of lending the access media for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, such as the instant crime, can be used for a crime such as Bosing, etc. In light of the fact that the Defendant appears to have actually committed fraud by using the access media, the nature of the crime is not somewhat weak.

However, the sentence shall be determined as ordered by comprehensively considering the fact that the defendant reflects his/her mistake in depth, the fact that there is no record of criminal punishment before, and the conditions of sentencing as shown in the records and theories of changes.

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