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(영문) 서울서부지방법원 2017.10.25 2017고단2478
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

No person shall lend any means of access to electronic financial transactions in return for promising to receive a price therefor.

Nevertheless, the Defendant, on May 2017, tried to borrow a physical card and password in order to evade liquor tax from a person without his name.

The amount of common revenue is KRW 6 million, which is a large amount of KRW 2,000,000, which is to be included in the account under the name of the defendant whenever using the check card.

Upon receipt of a proposal stating that the above account will be used only 30,000 won and returned to the Defendant’s home address by registered mail, the Defendant agreed to receive money from KRW 200,000 to KRW 60,000 each time the company bank account (Account Number B) in the name of the Defendant was used.

On June 7, 2017, at around 14:30 on June 7, 2017, the Defendant: (a) transferred the Defendant’s above body card to Kwikkset Service Delivery Board, whose personal information cannot be known in the “D cafeteria”, the Defendant’s workplace located in Gwangjin-gu Seoul Special Metropolitan City, and (b) sent the Defendant’s above name to the Nonindicted Party; and (c) on the same day, the Defendant informed the above name Nonindicted Party of the password via telephone around 18:30.

After all, the Defendant promised to receive the access media from financial institutions in return for the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. Application of Acts and subordinate statutes to inquiries as a result of transfers;

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

1. Selection of a selective fine (to reflect his/her mistake and to take into account the circumstances, such as the fact that he/she has no record of being punished for the same kind of crime);

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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