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(영문) 서울중앙지방법원 2018.08.14 2018고단3953
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions to any third person while promising to receive a price.

around 10:00 on January 22, 2018, the Defendant received KRW 1,00,000 per account in return for using the account under the name of the Defendant for 15 days from a person in the name in the name in front of Samsung elementary school located in 7:52, Gwanak-gu, Seoul Special Metropolitan City, the Defendant issued the above name in return for a new bank account (B) and the post office account (C) respectively through Kwikset service article to the above name in return for the use of the account under the name of the Defendant in the name in the name in return for 15 days from a person in the name in the name in the name in the middle of the Samsung elementary school, and notified the above name in return for a telephone conversation

Accordingly, the defendant sent a new bank and post office physical card and password, which is a medium access to electronic financial transactions, to a person with no name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of transactions of deposit and withdrawal, details of transfer transactions, response to data (including details of transactions in a new bank account, etc.), response to data (such as details of transactions in a post office account);

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

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

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the mother, who is at the end of the period of sentencing, committed a crime for the sake of hospital expenses and living expenses; (b) the offender reflects the crime; (c) there is no benefit obtained from the crime; (d) there is no particular penalty force, other than a fine which has been minor four times ago; and (e) the Defendant’s age, sex behavior, environment; (b) the process and consequence of the instant crime; and (c) the circumstances after the crime, etc., shall be determined as ordered by the sentence.

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