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(영문) 서울서부지방법원 2017.07.19 2017고단1343
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to give instructions on transactions in electronic financial transactions or to use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

Nevertheless, on April 3, 2017, the Defendant promised to lend 4.5 million won if he borrowed 2 physical cards from a person who was in the name of the deceased, and sent 2 physical cards each connected to the bank account (D) and the national bank account (E) in front of Mapo-gu Seoul, Mapo-gu.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to the details of receipt and transfer to victims;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the crime of lending an access medium to electronic financial transactions for the sentencing of Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes against many unspecified persons, such as Bosing, and that the access medium provided by the Defendant was actually used for the crime of Bosing, the crime liability is unlimited, but the Defendant’s mistake is against himself, the Defendant has no record of being punished for the same crime, and the sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, etc., are determined as ordered.

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