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(영문) 서울남부지방법원 2018.02.27 2017고단4325
전자금융거래법위반
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around 12:00 on April 10, 2017, the Defendant agreed to receive KRW 2,00,000 per month as rental fees from the Yangcheon-gu Seoul Military Parking Lot B, Yangcheon-gu, Seoul, and lent the access media by sending a copy of the physical card connected with the Defendant’s name bank account (Account Number: C) to D as Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (F and telephone communications remitted to a passbook in the name of the suspect), a response to reverse communications within the financial transactions of local agricultural cooperatives (F) and a response to reverse communications within the financial transactions of national banks (A);

1. Application of a copy of the mobile phone text or a passbook of the National Bank Bank (A)-related statute;

1. Relevant legal provisions concerning criminal facts and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions in the Selection of Punishment (Selection of Fines in consideration of the fact that the lending of a medium approaching the promise of compensation, the fact that the fraudulent damage has been recovered, the fact that the user did not obtain the price for lending the approaching medium, etc.);

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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