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(영문) 서울서부지방법원 2017.09.22 2017고단1822
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 borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On March 8, 2017, the Defendant received mobile phone messages that grant KRW 2 million monthly from a person who assumes the position of the employee belonging to the “B” tax team and consented to the lease of the account from the person who assumes the position of the employee. On March 8, 2017, around March 22, 2017, the Defendant sent Kwikset-based article who sent the above name in front of the Seoul High-Tech Industrial Center (Seoul Mapo-dong 1580) to Kwikset-based article, stating one check card and the card password connected to the Defendant’s name bank account (C).

Accordingly, the Defendant promised to pay for 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. Application of Acts and subordinate statutes to a copy of a certificate of transfer confirmation, a certificate of transfer verification, a national bank response data, or a text message photograph;

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. Consideration of the violation of the reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment, the fact that there was only the past record of being sentenced to a fine twice for the crime of dual payment, the circumstances of the crime, etc.

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