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(영문) 서울서부지방법원 2017.09.20 2017고단1716
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

At around 13:00 on February 27, 2017, the Defendant: (a) received a proposal from a person who misrepresented his/her “B” employee to lend his/her physical card; and (b) accepted it; and (c) sent his/her name in front of D in Seongdong-gu Seoul, Seongdong-gu, to Kwikset Service Articles who sent his/her name in front of D on the street; (b) opened a physical card connected to the company bank account (E) in the name of the Defendant; and (c) notified his/her nameless person of the above account number and the physical card password by telephone.

Accordingly, the defendant agreed to pay for the consideration and lent an access medium such as a physical card, account number, and card password.

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 with regard to F;

1. Details of the results of transfer management, application of Acts and subordinate statutes on the statement of account classification;

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

1. Selection of a selective fine (to reflect his/her mistake and to take into account the circumstances, such as the fact that he/she has no record of being punished for the same kind of crime);

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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