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(영문) 서울서부지방법원 2017.10.26 2017고단2250
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

No person shall borrow or lend any access medium in the course of receiving, demanding or promising any consideration in using or managing access media for electronic financial transactions.

Nevertheless, on April 17, 2017, the Defendant: (a) sent a new bank account (Account Number: B) with the Defendant’s name in front of the withdrawal No. 2, 2017, to Kwikset service article, each of the e-mail cards and passwords connected to the e-mail bank account (Account Number: C) and the e-mail-based access media, which are linked to the e-mail bank account (hereinafter “C”) and the e-mail bank account (hereinafter “C”).

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes on trade specifications, financial data replies (A), transaction details, suspect Kakao details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending each access medium) concerning 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. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, all of the factors of sentencing, including the following: (a) the crime in this case was used in Bosing fraud; (b) the Defendant divided the Defendant’s wrongness; (c) there is no record of the same crime; (d) no record of criminal proceeds; (b) the number of leased media; (c) the background leading to the crime; (d) the background leading to the crime; (e) the Defendant’s age; and (e) the environment.

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