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(영문) 서울남부지방법원 2018.04.23 2018고단922
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium to any third person for the purpose of receiving, demanding, or promising to receive, demanding, or promise to use or manage the access medium.

Nevertheless, on January 2, 2018, the Defendant: (a) received a proposal from a person without his/her name, stating that “The Defendant would grant a loan of 4 million won per each account on the face of a week from lending the e-mail card; (b) around January 11, 2018, at around January 4, 2018, the Defendant issued two copies of the e-mail card connected to the Defendant’s name bank account (Account Number C, D) before the Defendant’s home under the name of the Defendant at Gangseo-gu Seoul Metropolitan Government, Gangseo-gu Seoul Metropolitan Government (B 302), and sent the above e-mail card to a person without his/her name and notified him/her of the password by means of a text message.

Accordingly, the Defendant lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 for the commercial concurrent crimes (as indicated in the judgment, between the crimes of violating the Electronic Financial Transactions Act);

1. Selection of an alternative fine for punishment;

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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