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(영문) 서울서부지방법원 2018.08.24 2018고단2312
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, the Defendant: (a) received a proposal from a person under his/her name, using another person’s account, and using and returning for 800,000 won per day for 3 days; and (b) received such proposal; (c) around April 17, 2018, the Eunpyeong-gu Seoul Special Metropolitan City B included two physical card-based cards connected to the Defendant’s new bank account (C) and agricultural bank account (D) in Pyeongtaek-gu branch; and (d) sent it to a person under his/her name.

This was replaced by the Supreme Court.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The principal's financial transactions;

1. Application of Acts and subordinate statutes on internal investigation reports (a copy of the bankbook);

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 same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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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