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(영문) 서울중앙지방법원 2017.12.20 2017고단7651
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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 person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on August 8, 2017, the Defendant received the proposal that “I would give KRW 2 million to a liquor company, who is a liquor company by lending an account,” and then notified the password by telephone. On August 9, 2017, the Defendant issued a new bank account (B), one bank account (C), and one check card connected to the national bank account (D) to Kwikset service, who sent the above name in front of each of the 16 Embre points in Seocho-gu Seoul, Seocho-gu, Seoul. On August 9, 2017, the Defendant issued a new bank account under the name of the Defendant, one bank account (C), and one bank account (D) to the Korean bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A E-document;

1. Investigation report (No. 7 once a year);

1. Application of the transfer receipt (net No. 2), transaction details (net No. 3), Kakao Stockholm conversation (netly No. 5), copy of passbook (netly No. 8) statute

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 Concurrent Crimes (inter-Koreanscambling a violation of the Electronic Financial Transactions Act, which is constituted by each approaching medium);

1. Selection of a selective fine for punishment (the defendant's access media that he/she lent was actually used to commit the actual telephone financial fraud, and thus the defendant's liability is not less severe;

However, the defendant shall be punished by a fine in consideration of the circumstances, such as the fact that the defendant is both aware of the facts of the crime and is against the law, that the defendant has no record of criminal punishment before the case, and that he seems to have no profit from the crime of this case.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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