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(영문) 서울서부지방법원 2018.02.06 2017고단3604
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 lend, deliver, keep or distribute any access medium in electronic financial transactions, promising to receive a price therefor.

Nevertheless, on September 19, 2017, the Defendant was in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu.

From the shooting distance of the entrance area, the phrase “to provide 1.5 million won per week by lending the physical card” accepted the proposal of a person without a name, and then transferred the password of the new bank C in the name of the defendant and one copy of the physical card connected thereto to the name of the defendant.

As a result, the Defendant promised to receive the price, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written confirmation of the results of transfer and reply to financial transaction information (A account);

1. Application of Acts and subordinate statutes of the investigative report (Evidence Nos 7 and 8);

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. All kinds of sentencing factors should be taken into account, such as the violation of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the absence of the same criminal records, and the age, sex, and physical disability of the defendant.

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