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(영문) 서울북부지방법원 2018.04.25 2017고단5251
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person of "2017 Highest 5251" shall lend or lend any approaching medium, or store, deliver or distribute any approaching medium, while receiving, demanding or promising any compensation.

Nevertheless, around July 28, 2017, the Defendant received KRW 900,00 from a person who has no name in Seoul Jung-gu, Seoul around 15:30 on July 28, 2017, and, using Kwikset services, sent 1 and passwords of the post office account (C) in the name of the Defendant to the above person who has no name.

As a result, the defendant promised to receive compensation and lent the approaching media.

No person of "2018 Highest 400" shall lend any access medium with the receipt, demand, or promise of compensation in using or managing the access medium.

Nevertheless, the Defendant, on July 28, 2017, borrowed the lower accounts to be used for the reduction or exemption of liquor taxes for three days from a person who misrepresented the name or influence of the “E” team leader of the D Company “E” team at around July 28, 2017.

“On the proposal, I expressed my mind to transfer the access media connected to the Defendant’s account in the name of the Defendant.”

On July 28, 2017, around 15:30 on July 28, 2017, the Defendant sent one physical card connected to the post office account (F) in the name of the Defendant to the needy through Kwikset Service.

Accordingly, the defendant loaned the access media for electronic financial transactions in return for the promise.

Summary of Evidence

"2017 Highest 5251"

1. Statement by the defendant in court;

1. Protocol of the police statement related to G "2018 Highest 400";

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

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 each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing of Articles 70(1) and 69(2) of the Criminal Act, which are confined in the workhouse, are all the defendants.

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