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(영문) 서울서부지방법원 2018.11.08 2018고단2937
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

Criminal facts

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising the payment of the price in connection with the use and management of any access medium used for electronic financial transactions.

However, on May 31, 2018, the Defendant: (a) imported raw materials related to construction from the name in the name in the name in the name of the Defendant via Kakao Stockholm to deliver them to the Republic of Korea; (b) in the situation where the benefit from customs exemption granted by the government will be suspended since the work, the Defendant was under the lease of the personal check card.

Along with the proposal to the effect that he/she will use the e-mail card for the e-mail and pay a total of three million won per day by 200,000 won. On the same day, he/she sent the e-mail card (C) connected to the new bank account under the name of the defendant in Nam-gu, Nam-gu, Nam-gu, Seoul and sent the password to the non-party who sent the name and notified the password through the Kakao Stockholm Stockholm.

Accordingly, the defendant agreed to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of inquiry of customer information of the new bank C account (CIF), details of transactions of the new bank C account, and an application for the establishment of a new bank C account;

1. Application of the statutes governing text messages attached to the police interrogation protocol to the accused;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [favorable circumstances] / The reason for the Defendant’s lending of access media is used for telephone financing fraud crime, and there is no criminal benefit acquired by the Defendant (a favorable circumstance], and his mistake is divided and the initial crime is committed;

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