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(영문) 서울서부지방법원 2018.02.21 2018고단8
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, around September 18:15, 2017, the Defendant promised to receive KRW 2 million in return for the lending of the check for the three-day period from Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to deliver one copy of the check card connected to the account (C) in the name of the Defendant to the non-party, through Kwikset Service Articles, and notified the password of the above check.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of deposit receipts, a warrant of search and seizure verification, replys, and Kakao Stockholm messages statutes;

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

1. Selection of an alternative fine (in consideration of the extenuating circumstances, such as the fact that his/her mistake is against others and the primary offender);

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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