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(영문) 서울남부지방법원 2018.07.04 2018고단1003
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

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing any medium access to electronic financial transactions.

Nevertheless, around October 14, 2017, the Defendant, before Songpa-gu Seoul, issued a letter of e-mail card connected to the Defendant’s bank account in the name of Kwikset’s name via Kwikset’s service, stating that “The Defendant would lend a passbook or card necessary to remit money to foreign countries” from the name in the name of the Defendant to the Defendant’s bank account (D).

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment as well as the background and content of the crime in this case’s case’s sentencing. In practice, even in this case, the access media leased by the Defendant was used for the crime of fraud and injury therefrom occurred. However, the fact that the Defendant appears to have no benefit from actual acquisition due to the crime, recognition of the crime and reflects it, there was no record of criminal punishment until the transfer of this case, and other circumstances favorable or unfavorable to the Defendant as shown in the oral argument such as age, career, health status, and family relation.

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