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(영문) 서울남부지방법원 2018.09.20 2018고단3589
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

On April 2018, in front of the Defendant’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Defendant heard the horses that the Defendant would pay KRW 3,00,000 if he sent the physical card from his nameless person, and on April 2, 2018, the Defendant issued one physical card connected to the Defendant’s name in the name of Yeongdeungpo-gu, Seoul, to the Nonindicted Party through a selective distribution engineer, and notified the password.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Certificates of transfer results;

1. Application of statutes, such as the details of transactions of Defendant Saemaul Accounts;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 of the same Act (to lend access media and to select a fine);

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

1. Taking into account all the circumstances, including the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the scale of damage caused by the singishing fraud, the Defendant’s age, health, and the environment

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