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(영문) 서울남부지방법원 2018.12.12 2018고단4201
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 provided for in any other Act, no person shall lend money in return for the payment, request or promise to do so in using and managing any medium access to electronic financial transactions.

Nevertheless, on August 17, 2017, the Defendant received a proposal from a person who was in a name-free statement to the effect that “it is a business that exports it to a foreign country and requires several accounts due to tax issues, use and return only 2 to 3 million won if sent, and in return, demand to return it.” On August 21, 2017, the Defendant sent a letter to Kwikset service articles sent by the name-free winners at the C restaurant operated by the Defendant located in Gangnam-gu Seoul Metropolitan Government, and then sent a letter to Kwikkset service articles connected to the bank account (D) of the Defendant’s name, and thereafter, the password was known to Kwikset service articles as Kao Stockholm.

As a result, the Defendant promised to pay for the lending of electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Inquiries about personal information of customers;

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

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case lending the access media that can be used for the so-called Bosing crime or the Internet fraud crime is not good.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The above circumstances and the circumstances leading to the Defendant to commit the instant crime, methods and details of the crime, circumstances after the crime, and the Defendant was punished for the past.

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