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(영문) 서울서부지방법원 2019.05.24 2019고단715
전자금융거래법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No person may lend a means of access, promising to provide compensation in using and managing the means of access under the Electronic Financial Transactions Act.

1. On October 24, 2018, Defendant A proposed that 800,000 won will be paid to each physical card per week, Defendant A sent two physical cards connected to the Defendant’s name E bank account (F) and G Bank (H) account via the Eunpyeong-gu Seoul Metropolitan Government “D” account, and lent the means of access under the Defendant’s name to an unknown person by notifying the account number and password in writing.

2. On October 24, 2018, Defendant B lent the means of access under the name of the Defendant to an unrefilled person by sending one physical card connected to the K Bank account (L) in the name of the Defendant using his/her home from the “J” located in Eunpyeong-gu Seoul Metropolitan Government I, and transmitting a password.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police protocol of statement against M and N;

1. Data replies to requests for provision of financial transactions;

1. Inquiry into a transport invoice;

1. Application of Acts and subordinate statutes to investigation reports (attached to reinforced evidentiary materials), investigation reports (a victim's statement and statement of statement, etc.), investigation reports (a search, seizure and verification warrant and reply);

1. Article applicable to criminal facts;

(a) Defendant A: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act;

B. Defendant B: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendants reflect against the defendants, there is no benefit acquired, and the defendant B was the initial offender: the means of access lending is the crime.

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