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(영문) 서울중앙지방법원 2017.11.21 2017고정3350
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On March 18, 2017, the Defendant: (a) received a written message from a person without his/her name, stating that “In need of an account to pay liquor tax to less than the amount of tax imposed on a liquor company; (b) would give KRW 2 million in return for three days when sending a physical card; and (c) around April 18, 2017, around the Defendant’s home located in Seocho-gu Seoul Metropolitan Government, the Defendant provided Kwikset service article with the physical card connected to the Defendant’s bank account (C) in his/her name; and (c) lent the accessible medium to Kwikset service article for consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports and investigation reports by each police;

1. Application of details of transactions, national bank account transaction statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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