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(영문) 의정부지방법원 2018.02.22 2017고단3955
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 used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

However, around July 5, 2017, the Defendant would pay KRW 3 million in return for using the card for 3 days per account if he/she is informed of the card connected to the account and the password in front of the station station in the Jongno-gu Seoul subway No. 3, Jongno-gu, Seoul.

“To receive the proposal and receive the consideration, the head of the Postal Bank (B) in the name of the Defendant, and the Postal Card 2 linked to the corporate bank (C) account, sent to the beneficiary via Kwikset Service.

As a result, the Defendant promised to receive the access media for electronic financial transactions and delivered the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of transfer details;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

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 an alternative fine for punishment;

1. Taking into account the following factors: (a) the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was against the Defendant’s wrongness; (b) the fact that the Defendant transferred the physical card to the Defendant; (c) the occurrence of telephone financial fraud crime by using the transferred physical card; and (d) the fact that the Defendant has multiple criminal records.

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