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(영문) 서울서부지방법원 2017.08.30 2017고단1394
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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 February 22, 2017, the Defendant was promised to lend 400,000 won per 1 day from a person who was in the name of the deceased on February 22, 2017. On February 22, 2017, the Defendant sent two physical cards connected to the Defendant’s name bank account (B) and corporate bank account (C) to Kwikset service article who sent two physical cards connected to the name of the deceased on February 22, 2017.

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 suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Inquiry into the results of transfer, application of a certificate of deposit transaction records under the name of the defendant, and a copy of a passbook of an enterprise bank;

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

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 transfer of an access medium to electronic financial transactions for the sentencing of Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes against many unspecified persons, such as Bosing, and the access medium provided by the Defendant was actually used for the crime of Bosing, the crime is serious, but the Defendant’s mistake is against himself, and there is no record of punishment in excess of the same kind of crime or fine, and the Defendant’s age, sexual behavior, environment, etc. are considered as the sentencing conditions indicated in the record.

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