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(영문) 서울서부지방법원 2019.01.18 2018고단3619
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On March 2018, in violation of the foregoing prohibition provision, the Defendant: (a) reported the text message that solicits the transfer of the means of access that was received by the Defendant’s cell phone in Seoul; and (b) agreed that the Defendant lent the body card on the condition that the sender of the text message contacts the sender and receives three million won in a month; (c) around that time, the Seoul Yeongdeungpo-gu Seoul Metropolitan City Do Forest also provided one copy of the physical card linked to the Bbank account (Account Number C) opened in the name of the Defendant to a person whose name cannot be known on the road near the 137 Do Forest Station; and (d) lent the means of access by providing information about the password of the said physical card through Internet domain services (hereinafter “D”).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on response materials to the F Depository;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Contrary to the fact that there is no actual benefit: The transfer or lending of the means of access is not only detrimental to the security and reliability of electronic financial transactions, but also the means that facilitates other crimes; the means of access provided by the defendant is actually used for the crime; and the punishment is determined in consideration of the following circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

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