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(영문) 서울서부지방법원 2017.05.31 2017고단192
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one shall lend any access medium, such as an electronic card and password, with the promise of compensation.

Nevertheless, on August 2016, the Defendant: (a) sent an advertisement on the Internet, stating that “The Defendant would grant money for lending a card; and (b) sent a conversation to the names of the Defendants and the Kakakakaox; and (c) agreed that the physical card and password of the account in the name of the Defendant should be lent to the above names of the persons in the name of the Defendant and received KRW 50,000 per day in return.

On August 2016, the Defendant, using Kwikset Service before Eunpyeong-gu Seoul Swikset on August 2, 2016, 2016, sent to the Defendant’s name, two pages of C, corporate bank D) and passwords under the name of the Defendant using Kwikset Service.

As a result, the defendant committed the above physical card and password, which is an access medium, to the above person without the name.

Summary of Evidence

1. Statement by the defendant in court;

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

1. E statements;

1. Receipts:

1. Application of the Acts and subordinate statutes to a warrant of search and inspection;

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

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. In light of the fact that the crime of lending an access medium to electronic financial transactions for the sentencing of Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes against many unspecified persons, such as electronic financial fraud, and the access medium provided by the Defendant was actually used for the crime of electronic financial fraud, the crime is one of the criminal liability. However, the Defendant’s mistake is against his/her own mistake, there is no record of punishment for the same crime, and the Defendant’s age, sex, environment, and circumstances after the crime are determined as ordered by taking account of the sentencing conditions indicated in the records, such as the Defendant’s age, sex, circumstances after the crime

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