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(영문) 서울서부지방법원 2018.01.26 2017고단3411
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 other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, around 13:00 on July 4, 2017, the Defendant promised to receive KRW 200,000 in return for lending the physical card to the National Bank located in Mapo-gu Seoul, Mapo-gu, Seoul, 222 in front of the branch office of the National Bank, for three days, and delivered one copy of the physical card connected to the account of the National Bank in the name of the Defendant through Kwikset service article, and notified the password of the above physical card.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a copy of the details of transactions of automation machinery, customer information inquiry table, details of entry and departure transactions;

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, the selection of fines (Confession, initial crime, circumstances of crimes, etc.);

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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