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(영문) 서울서부지방법원 2018.10.17 2018고단2958
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

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on May 25, 2018, the Defendant received a written message stating that “If he/she lends a cash card to be used for tax reduction or exemption, he/she will be paid three million won per 10 days in return for using it.” On May 28, 2018, the Defendant sent the physical card and password connected to the Defendant’s post office account in front of the D Hospital located in Gwanak-gu in Seoul Special Metropolitan City, to Kwikset service article, who sent the name and non-existent personal information connected to the Defendant’s post office account (Account Number: E) on the street of the D Hospital located in Gwanak-gu in Seoul Special Metropolitan City.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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. All other circumstances, including the Defendant’s age, sex, career, motive of the crime, and circumstances after the crime, on which the Defendant lent to the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, are considered as follows: (a) the physical card was actually used for a fraudulent crime; (b) the Defendant’s recognition of a criminal act; and (c) the Defendant’s age, sexual conduct, career, motive of the crime;

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