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(영문) 서울중앙지방법원 2018.07.09 2018고정1385
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

No person shall lend, deliver, keep or distribute any access medium used in electronic financial transactions while promising to receive a price therefor.

Nevertheless, on December 2017, the Defendant accepted a proposal from a person who was under the name of the Defendant to give KRW 600,000 per account at a point in Seoul Special Metropolitan City, which was located in Seoul Special Metropolitan City, and transferred his name to a person who was under the name of the Defendant by using one and one password each of the national bank D and the physical card linked to the new E account under the name of the Defendant.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The principal's financial transactions;

1. Application of the Acts and subordinate statutes governing the details of transactions of deposits and withdrawal;

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 an alternative fine for punishment;

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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