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(영문) 서울서부지방법원 2018.02.02 2017고단3571
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, around August 10, 2017, at around 18:30, the Defendant promised to receive KRW 500,000 per month in return for the lending of Chapter B to C hospital in Seodaemun-gu Seoul, Seoul, and two physical cards in return for the Defendant’s lending, and delivered Chapter B of one bank account in the name of the Defendant and two physical cards connected to the National Bank account in the name of the Defendant, respectively, through Kwikset Services, and notified the password of each of the above physical cards.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to details of transactions, replies to requests for financial transaction details, and details of transactions on national bank accounts;

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 Commercial Competition;

1. Selection of a selective fine for punishment (which reflects the fact that there is only the past record of being sentenced to a fine once for the crime of this paper, and the circumstances leading to the crime, etc.);

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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