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(영문) 서울서부지방법원 2017.05.26 2017고단847
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 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.

On December 21, 2016, the Defendant was promised to lend a e-mail card from a person who was in the name of the Defendant, and on December 26, 2016, the Defendant sent two e-mail cards connected to the bank deposit account (C) in the name of the Defendant and the deposit account (D) in the National Bank of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, to Kwikset Service Articles who sent two e-mail cards connected to the bank deposit account in the name of the Defendant.

Accordingly, the Defendant promised to pay 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 provide mobile phone message data, details of transactions, details of financial transactions, and customer information transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (instigence, absence of any record of punishment for the same kind of crime, circumstances of crime, etc.);

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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