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(영문) 서울북부지방법원 2018.04.05 2018고정380
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the receipt, demand or promise of compensation in using and managing the access medium.

Nevertheless, the Defendant, on November 3, 2017, sent the Kakao Stockholm to the Kakao Stockholm for three days when he sent the Kakao Stockholm card to the Defendant.

“On the 5th day of the same month in response to the proposal, the account number (C) and its password of the new bank account in the name of the Defendant at around Kakao Stockholm, and the next month.

7. Around 11:30, at the right angle of a pair of Swekset in Dobong-gu Seoul Metropolitan Government, one physical card linked to the said new bank account was sent to the name-oriented person via Kwikset Service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report ( Results of execution of a warrant of search and inspection of seizure - Any request for appearance and CCTV recording data);

1. Application of Acts and subordinate statutes to a report on investigation (to secure CCTVs to be withdrawn, and any specific non-existence);

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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