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(영문) 서울서부지방법원 2017.11.29 2017고단2973
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 to financial transactions while promising to receive the price therefor.

Nevertheless, around July 21, 2017, the Defendant accepted the proposal of a person without a name, “I wish to provide a person with a physical card at one hundred and fifty thousand won per day when he/she lends the physical card” at the post office of E-won located in Yongsan-gu Seoul, Yongsan-gu, Seoul. After informing the person with a name in secret and transferred a personal identification number connected to the new bank B account in the name of the Defendant, the Defendant transferred the physical card to the person with a name in secret.

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 against C;

1. Application of a copy of a certificate of transfer confirmation;

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

1. Selection of an alternative fine (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);

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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