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(영문) 서울서부지방법원 2017.08.17 2017고정767
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

Punishment of the crime

No person shall borrow or lend any access medium with a promise to pay for the use and management of the access medium.

Nevertheless, the Defendant received a proposal that “I will pay 700,000 won per day if I lend 30,000 won to the account,” and around December 16, 2016, on the front side of Dongjak-gu Seoul Metropolitan Government, one physical card connected to the Defendant’s name bank (C) account in the name of the Defendant, through Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of E, F, G, H, I, J, K, L and M;

1. Application of Acts and subordinate statutes to a warrant of search and seizure (No. 45) and a reply (No. 46 No. 5 of the evidence list) to a warrant of search and inspection;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act recognizes and reflects the instant crime. While the Defendant had no record of punishment prior to the instant case, the crime of lending the access media is a method that facilitates other crimes against many and unspecified persons, such as Bosing, etc., and there is a need for strict punishment. In fact, the access media provided by the Defendant was used for the crime of fraud, and other conditions of sentencing, such as the Defendant’s age, sex, environment, equity in sentencing in similar cases, etc., shall be determined as the order.

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