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(영문) 서울서부지방법원 2018.04.27 2017고단3438
전자금융거래법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall lend, deliver or distribute any access medium used in electronic financial transactions, promising the receipt of consideration therefor.

Nevertheless, around December 8, 2016, the Defendant would lend a passbook account and a check card to the Defendant in the vicinity of the Defendant’s residence in Seodaemun-gu Seoul Metropolitan Government around December 8, 2016.

"After accepting the proposal of a person without his name, he transferred the password and physical card of the defendant's name to the person with no name, using Kwikset Service.

As a result, the Defendant promised to receive the price, and used the access media for others.

Summary of Evidence

1. Statement by the defendant in court;

1. E’s written petition;

1. Application of Acts and subordinate statutes to inquire about certificates of deposit transaction records, certificates of transfer transaction, and details of liquidity transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (the normal conditions, such as the initial crime, the fact that the punishment is found to be wrong, shall be considered);

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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