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(영문) 서울서부지방법원 2017.08.31 2017고단1771
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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on April 4, 2017, the Defendant: (a) received and consented to a mobile phone message from a person who assumes the name-based employee “B” in return for the payment of KRW 2,100,000,000,000 to the Defendant; and (b) opened a box containing a physical check card and a card number connected with the Defendant’s name bank account (D) to the Kwikset Service Articles who sent the name-based winners in front of the Defendant’s residence located in Seodaemun-gu Seoul Western-gu, Seoul.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a written inquiry about transaction details, reply data on financial transaction information, and copy of passbook of a national bank;

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;

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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