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(영문) 서울서부지방법원 2018.01.25 2017고단3504
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

Punishment of the crime

No person shall lend any electronic financial transaction access medium to any third person, or keep, deliver or distribute such medium with the promise of receiving a price.

Nevertheless, on April 13, 2017, the Defendant accepted the proposal from the name unclaimed box that “The Defendant would give KRW 3 million per each account, if the head of the Tong is a sports earth company,” and transferred the physical card and password connected to the new bank B account in the name of the Defendant through Kwikset Service, etc.

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. Statement made by the police against C;

1. Application of Acts and subordinate statutes on details of transactions by bank account holders A;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is a crime which makes it easier for the criminal defendant to commit such a crime, and it should be taken into account equally all the factors of sentencing such as the confession and reflection of the criminal defendant, the primary crime, and the age, sexual behavior, environment, etc. of the defendant.

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