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(영문) 서울남부지방법원 2017.08.18 2017고단1246
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 transfer or take over any access medium for electronic financial transactions, or lend or lend any access medium, or store, deliver or distribute such medium, with a view to receiving, demanding or promising any compensation therefor.

Nevertheless, the Defendant talks with a person whose personal information referred to as “B” is not known and a Kakao Stockholm, and would provide a monthly amount of KRW 300,000,000 if he/she lends the Kaka card.

“After hearing a proposal and consenting thereto, around November 23, 2016, at around 18:00, through an article of Kwikset services in front of the office located in Yangcheon-gu Seoul Metropolitan Government, to deliver a physical card, password, etc. connected to the bank account (C) of the Defendant’s name.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Deposits receipt;

1. Application of Acts and subordinate statutes on account details;

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. It appears that there was little perception that the sentencing of Article 334(1) of the Criminal Procedure Act was to be used for primary crimes, Bosing, or other crimes or illegal days. Taking into account the amount of damage, circumstances after the crime, and other conditions of sentencing, such as the Defendant’s age, sexual conduct, etc.

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