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(영문) 서울북부지방법원 2018.06.18 2018고정789
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, on November 16, 2017, the Defendant received a proposal from a person who was in the name of the Defendant to “be in the liquor company, which would give 1.8 million won on the third day of the week by lending the check card.” In response, around November 17, 2017, at a “C” administrative lawsuit located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant sent a e-mail card connected to the D bank account (Account Number: E) under the name of the Defendant, using a e-mail card.

Accordingly, the defendant promised to receive the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on certificates of deposit transaction;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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