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(영문) 서울남부지방법원 2016.09.20 2016고정1605
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts and subordinate statutes, no access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction shall be lent while receiving, demanding or promising any consideration.

Nevertheless, the Defendant promised to receive 2 million won per month from a person under his/her name in return for lending his/her check from a person with no name, and agreed to lend his/her check to a foreign exchange bank account (Account Number B) and our bank account (Account Number C). On April 16, 2015, the Defendant delivered the above check card to a person with no name using Kwikset Service before the Defendant’s house located in Yeongdeungpo-gu Seoul Metropolitan Government D, around 12:00.

As a result, the defendant committed two approaches to each other by promising the price of the two approaches.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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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