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(영문) 서울남부지방법원 2016.08.10 2016고단2514
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 any other Act, no person shall borrow or lend any access medium in the course of receiving, demanding or promising to receive any consideration in managing the access medium of electronic financial transactions.

On March 25, 2016, around 12:30 on March 25, 2016, in front of the C Guard room located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant would offer “on the face of lending the account, two million won per one account,” from a person who has no name.

“Along with Kwikset’s proposal, Kwikset issued, through Kwikset’s Services, a multi-line card connected to the National Bank Account (D, E, F) in the name of the Defendant, and a physical card connected to the Account (G) in the name of the Defendant.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. Application of the statutes on the request for financial transaction information;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (opportune selection);

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

1. Determination of punishment like the order shall be made by taking into account the following: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act requires the Defendant to mislead the Defendant; (b) the primary offender; and (c) the fact that there was no benefit from this case’s crime.

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