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(영문) 서울남부지방법원 2017.09.22 2017고단2227
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 one shall borrow or lend any access medium necessary for electronic financial transactions, or store, deliver or distribute such medium while receiving, demanding or promising any consideration.

Nevertheless, on January 5, 2017, the Defendant offered a proposal to offer money from a person without his/her name to a third party for the lending of a passbook and thought to acquire cash. On January 5, 2017, the Defendant promised to receive KRW 1.5 million from the Defendant’s office located in Gwanak-gu in Seoul Special Metropolitan City as the one cash rental fee at the Defendant’s office located in Gwanak-gu, Seoul Special Metropolitan City to receive KRW 1.5 million from the one cash rental fee at the Defendant’s office in Seoul Special Metropolitan City, and delivered a letter of check card (Account Number: C) connected to the Defendant’s name to the Defendant’s bank account.

As a result, the Defendant promised to receive the access media necessary for electronic financial transactions in return for payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions for the Selection of Punishment (Selection of Punishment) (Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the Selection of Punishment)

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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