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(영문) 서울남부지방법원 2017.11.30 2017고단5454
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, borrow or lend any access medium, or store, deliver or distribute it while demanding or promising to receive any access medium or pay any consideration.

On May 20, 2017, the Defendant would pay KRW 300,000,00 if he/she borrowed the account under the name of the business operator for two months since he/she needs to do so, from a person under the name of the business operator who referred to as “B operating a sports earth site.”

“After receipt of proposal and acceptance, at around 12:00 of the same month, the Kwikset Service Articles sent from D offices located in Guro-gu Seoul Metropolitan Government to the Kwikset Service Articles with a new bank account (E) in the name of A.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes on response to financial information;

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

1. Selection of an alternative fine for punishment;

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

1. A serious social problem, such as singing, etc. using a medium that has access to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, is emerging. Nevertheless, the Defendant, despite being aware that an access medium is to be used in tort, is to receive the price, and lends the device to the Defendant is disadvantageous to the Defendant.

However, there are more favorable circumstances such as the absence of the same criminal history and the fact that it seems to be in an economically difficult situation.

The defendant shall be punished by a fine in full view of the sentencing conditions prescribed in Article 51 of the Criminal Act, including the defendant's age, occupation and family environment.

It is so decided as per Disposition for the above reasons.

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