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(영문) 서울서부지방법원 2018.07.17 2018고단1758
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

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.

However, on March 21, 2018, the Defendant: (a) received the word “assigning KRW 3,00,000 per page from a person in the name of the deceased; (b) received a proposal from a person in the name of the deceased and a person in the name of the deceased to offer money if he/she intends to use it in the sports territory through telephone conversations; and (c) received a proposal from a person in the name of the deceased and a person in the name of the deceased to offer money if he/she borrowed the above money; and (d) sent a copy of the physical card connected to the new bank account (the former Account Number C and Account Number D) in the name of the accused before the cancer elementary school through Kwikset service article.

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of transaction - Entry and exit , and application of Acts and subordinate statutes to report internal investigation (execution of a warrant of search and seizure inspection);

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

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

1. Provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [favorable circumstances] / [No benefit obtained by the defendant / [no benefit] that he/she acquired, the same kind of punishment or any record of punishment exceeding fines;

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