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(영문) 서울서부지방법원 2017.06.21 2017고단194
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium, such as an electronic card and password, with the promise of compensation.

Nevertheless, on October 2016, the Defendant would use the passbook to operate the sports company and pay the money to the person who borrowed the passbook.

“In return for subrogated repayment of the Defendant’s debt amounting to KRW 830,00,00,000, the Defendant agreed to lend the check card and password of the account under the name of the Defendant to the above-mentioned person.

In accordance with the above agreement, around November 2016, the Defendant, using Kwikset service, sent to the Defendant’s home located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, a physical card No. 1 in the name of the Defendant (joint account No. c. c.), and around 27:00 of the same month, at around 14:00 of the same month, known the account number and password of the above account to the person who was in the name of the Defendant.

As a result, the defendant committed the above physical card and password, which is an access medium, to the above person without the name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to an investigation report (the details of a warrant of search and inspection of seizure), a list of inquiries about customer information, and a statement of transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in which punishment is selected, and the selection of fines (the confession, reflectivity, initial crime, circumstances of crimes, etc.);

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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