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(영문) 서울남부지방법원 2018.09.13 2018고단3180
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

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 promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, the Defendant sent a e-mail card connected to the new bank account (Account Number E) under the name of the Defendant and sent a password to the non-known person by means of sending the e-mail card, packing the e-mail card and delivering it to Kwikset service article on the road prior to the Seoul Special Metropolitan City, Gwanak-gu D convenience store. On March 8, 2018, around 11:40, the Defendant sent a e-mail card connected to the new bank account (Account Number E) under the name of the Defendant and sent the password to the phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Verification of transfer records, inquiry of suspect account records, and application of Acts and subordinate statutes on suspect letters;

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 act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, the defendant seems to have no profit from committing the crime (the defendant transferred 3 million won, excluding approximately one million won, out of the money obtained through deception deposited in the above new bank account, to his own Bank account, but the above new bank account and the above Bank account.

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