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(영문) 서울동부지방법원 2017.11.23 2017고단2521
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 expressly provided for in any other Act, no person shall transfer or take over any access medium, or lease or lease any access medium, or store, deliver or distribute such medium by requiring or promising to receive any compensation therefor.

On September 2016, the Defendant established a corporation (class)C for the purpose of lending a financial account to another person in return for payment, and opened three financial accounts in the name of the corporation.

In consideration of allowing the Defendant to obtain financial loans of KRW 20,000,000,000 on the roads in front of the Amsansan Station located in Gwangjin-gu Seoul Special Metropolitan City around September 2016, the Defendant sent three bankbooks, cash cards, three OTP, three, and passwords related to the corporate accounts listed in the attached list, such as the bank account under the name of C, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (Account details and analysis, etc.);

1. Application of the statutes to a copy of an application for opening an account in Korea;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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