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(영문) 서울남부지방법원 2016.11.10 2016고단4466
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

Criminal facts

No person shall lend a means of access used in an electronic financial transaction while receiving, demanding or promising any consideration therefor.

Nevertheless, around April 2016, the Defendant received a proposal that “I will give 2.6 million won in return for the loan of a passbook between the month in which the passbook was given.” On April 27, 2016, the Defendant opened a copy of the check card connected to the bank account (Account Number D) in the name of Defendant C, which was linked to the bank account (Account Number D) in the name of his parent, through the delivery service of the non-member of the subway No. 9 located in Gangseo-gu Seoul Metropolitan Government, which was sent by the non-member of the name on the road prior to the departure of the air route No. 7 in Gangseo-gu, Gangseo-gu, Seoul.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. In light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant was sentenced to the same fine as the disposition, taking into account all the circumstances revealed in the oral proceedings of the instant case, including the Defendant’s age, character and conduct, criminal records, and circumstances after the crime, etc., and the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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