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(영문) 서울서부지방법원 2018.01.24 2017고단3572
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

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, on October 19, 2017, the Defendant promised to receive KRW 6 million in return for the loan of the three-day physical card on the front of the Nando Building in Yeongdeungpo-gu, Seoul, to receive KRW 9,000,000 in return for the loan of the three-day 3-day physical card, and delivered three copies of the physical card to Kwikset through Kwikset’s services, and notified the password of each of the above physical card.

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. Statement of the police statement related to G;

1. The written statement of the defendant;

1. The details of the entry into and withdrawal from a national bank, the details of account transactions in a single bank, and the application of statutes on new bank account transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);

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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