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(영문) 서울중앙지방법원 2017.11.23 2017고단6543
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

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

On June 2017, the Defendant was offered to offer KRW 1,500,000 per bank account when lending an account from a person in the name of the deceased on his/her own on his/her own as of June 2017, and in response thereto, the Defendant was offered to offer KRW 1,50,000 per bank account. On his/her own account, the Defendant sent a physical card connected with the SC bank account opened in the name of the Defendant at the office of the high-speed bus bus terminal in Seoul, Seocho-gu, Seoul, 194 due to the distribution of the new Seocho-gu, Seoul, to the non-indicted using

The medium of access to electronic financial transactions was replaced by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the reply to financial information and the specifications of transactions by account;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the following favorable circumstances):

1. The circumstances after the crime are not good in that the Defendant’s access media that was leased to the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act was used for a serious crime of Bosing and infringing on the credibility of the safety performance of electronic financial transactions.

However, in full view of the facts that the defendant did not participate in the above crime, that the defendant led to confession and reflects the mistake in depth, that the defendant has no record other than the fine due to driving under drinking, that there is no charge that the defendant actually acquired, that the defendant did not have any charge, that the crime was committed once, and other conditions of sentencing, such as the age, sex, environment, and circumstances after the crime, etc., it is decided as per Disposition.

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