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(영문) 서울서부지방법원 2018.12.12 2018고단3617
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

1. Except as otherwise expressly provided for in any other Act, no person who uses or manages any access medium shall lend such medium to another person while receiving, demanding or promising the consideration;

2. On May 30, 2018, in violation of the foregoing prohibition provision, the Defendant reported a text message that solicits the transfer of an access medium received from the Defendant’s mobile phone from Yongsan-gu Seoul, Yongsan-gu, Seoul to a mobile phone, and lent a check card on the condition that the Defendant contacted the sender of the text message and received three million won for three days.

On the same day following the agreement, Kwikset (the so-called Kwikset Service) sent to a person who is unable to identify his/her name, one physical card connected to C bank account (Account Number: D) opened in the name of the defendant, and lent the above access medium by informing him/her of the identification number of the above physical card through Internet mail service (E).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a detailed statement of transactions for entering and withdrawing victims;

1. Article 46 of the Act applicable to the facts constituting an offense, Article 46 (4) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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