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(영문) 서울서부지방법원 2017.11.15 2017고단2602
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend, keep, deliver or distribute any access medium while promising to transfer or receive the cash cards, etc., which are the media access to electronic financial transactions.

Nevertheless, around November 3, 2016, the Defendant accepted the proposal from an unsatisfic person that “on the face of 30,000 won per unit of 70,000 won from the lending of 30,000 won due to tax-related issues” in the street of the Seoul Mapo-gu Real Estate Office B, and transferred the physical card card and the password connected to the Defendant’s bank D account of the name to the unsatisfic person through Kwikkset’s services.

As a result, the Defendant promised to receive the price, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of statutes to the provision of financial transaction information to Korean banks;

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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