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(영문) 서울남부지방법원 2016.02.03 2015고단4645
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with the receipt, demand, or promise of compensation in using and managing the access medium.

Nevertheless, the Defendant was offered with a proposal to pay approximately KRW 1.2 million and KRW 1.8 million on three occasions on three occasions by lending a debit card from a person whose name is unknown, and agreed to lend a debit card connected to the Defendant’s National Bank Account (B).

Accordingly, around May 13, 2015, the Defendant lent the access media by delivering the above debit card to the above liquor company through Kwikset service article as ordered by the above liquor company employee in the vicinity of the 115 Dokkset-ro, Geumcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Results of the transfer management by deposit account;

1. Application of statutes on the opening and trading details of a national bank account;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, lending of an access medium, such as the Defendant’s instant crime, for the reason of sentencing, is a very dangerous crime that may lead to mass damage by using the access medium. In fact, the access medium leased by the Defendant was used for the crime.

However, in consideration of the fact that the defendant has divided his mistake, there is no benefit from actual acquisition due to the crime of this case, and that the defendant has no other criminal record except for the previous one, the punishment as ordered shall be determined by taking into account the fact that he has not been sentenced to a minor fine.

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