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(영문) 서울서부지방법원 2017.10.31 2017고단2592
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

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

Nevertheless, around June 29, 2017, the Defendant accepted the proposal from the name unclaimed box that “on the face of 300,000 won per unit of the check-out transaction,” in front of the Gohap, which was located in Mapo-gu Seoul Metropolitan Government around June 29, 2017, and transferred the physical card connected to the company bank C account in the name of the Defendant and the password to the name unclaimed person via Kwikset Service.

As a result, the defendant promised to receive the price and delivered the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the verification of transaction details and the statement of account classification;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the account lent by the defendant was used for the crime of Bosing Boscam, and that the person without name will operate the gambling site by lending the account to the defendant at the beginning;

The fact that the defendant was aware of, and the defendant's response is disadvantageous.

However, the sentencing factors, such as the fact that the defendant is against the defendant, the background leading up to the defendant to commit the crime, the age of the defendant, his sex, and the environment, shall be taken into consideration, and the punishment as ordered shall be determined.

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