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(영문) 서울서부지방법원 2017.11.08 2017고단2609
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend, keep, deliver or distribute any access medium used in electronic financial transactions while promising to receive a price therefor.

Nevertheless, around June 23, 2017, the Defendant would offer KRW 300,000,000 per month if he/she lent to the account in order to require the account due to a tax problem in front of 105 Dong-gu, Seodaemun-gu, Seoul.

“ “After accepting the proposal of a person without his name,” the head of the physical card connected to the National Bank Account (B) in the name of the Defendant and the password were transferred to the person without his name through a door-to-door engineer, etc.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of the Acts and subordinate statutes to the details of replies by financial institutions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of an alternative fine (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);

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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