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(영문) 서울서부지방법원 2016.12.27 2016고단3606
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any electronic card or other electronic information equivalent thereto used to issue a transaction request in electronic financial transactions or to secure the authenticity and accuracy of the users and the transaction details, and lend such card or password necessary for the use thereof in promise of a consideration.

Nevertheless, on November 15, 2016, the Defendant received a proposal from a person who has no personal standing in the name of the Defendant that “on the face-to-face account of a private game company (sports discussed) will give KRW 3 million per week to the face-to-face account by lending the account for three months.” On the same day, the Defendant lent one cash card of one bank (C) in the name of the Defendant, one passbook, and one cash card of the bank (D) in the name of the Defendant to the person who has no personal standing in front of the first engineering officer of a tobacco school in Seodaemun-gu Seoul on the 50th day, and lent it by informing the person who has no personal standing in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of statutes, such as the Kakao Stockholm;

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

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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