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(영문) 서울중앙지방법원 2014.06.09 2014고정2034
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend a means of access for electronic financial transactions in return for any consideration.

Nevertheless, around 12:00 on February 26, 2014, the Defendant accepted the proposal that “if the Defendant lends the passbook, he would pay from 1.5 million to 2 million won per week, 1.5 million won shall be paid as usage fees,” prior to the departure of subway No. 2 from the subway No. 152, the subway No. 152, GHro, Gangnam-gu, Seoul, and sent the foreign exchange bank (Account Number B), the passbook No. 1, the Agricultural Cooperative (Account Number C), and the physical card linked thereto to the above, using Kwikset Service.

Accordingly, the Defendant lent the means of access for electronic financial transactions at a price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation D;

1. Application of Acts and subordinate statutes to a report on investigation (related to the execution of a warrant for search, inspection);

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense (a point of lending access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the crime of lending the means of access, such as the means of access of this case, is not only detrimental to the safety and reliability of electronic financial transactions, but also has an adverse impact on society, such as massing of many victims due to the use of the means of access, such as scams, etc.. In fact, even in the case of this case, under the circumstances unfavorable to the victim due to the use in the crime of fraud by using computers, etc., the defendant did not have the same criminal power, and seems to result in the crime of this case without crueling during his living life, and each of the means of access of this case was used for the crime, but the degree of damage is relatively small, and the defendant reported the loss of each account of this case.

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