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(영문) 서울서부지방법원 2018.11.15 2018고단3220
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

Nevertheless, on April 5, 2018, the Defendant received a written message stating that “The Defendant would give KRW 3 million per month if he/she lends the passbook to a sports earth company,” from a person without his/her name to a third party, and that he/she would receive KRW 6 million on or around July 2018, on condition that he/she provided telephone conversations and counseling with a person without his/her name, and provided two physical cards. The Defendant promised to receive KRW 6 million on condition that he/she lend two physical cards.

4. At around 18:00, each physical card linked to the Defendant’s name C Bank Account (D) and E Bank Account (F) shall be placed in the first floor guard room of Mapo-gu Seoul Metropolitan Government G Building to find out the names of the defective winners, and the number of each physical card shall be notified through B.

Accordingly, the defendant agreed to receive compensation and lent two electronic financial approaches to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of the C Bank Account Transaction Details (A), E Bank Transaction Details (A), and B B dialogue between the suspect-non-namely wounded persons;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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