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(영문) 서울남부지방법원 2019.02.14 2018고단5636

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall transfer, receive, request or promise any means of access used in electronic financial transactions to lend the means of access.

Nevertheless, around July 4, 2018, the Defendant received a mobile phone text message stating that “I, as an agent for the purchase of foreign goods, I would like to offer the means of access in lieu of foreign exchange transactions in the name of an individual in the name of an individual because of frequent foreign exchange transactions with a low-income company. If I would like to divide the company’s sales for the purpose of reducing tax, I would like to use it for six days as much as possible and in return, I would like to lease 3.3 million won in return for the loan of the account” from a person whose name is unknown.

In addition, around July 6, 2018, the defendant sent a physical card linked to the account in the name of the defendant to the above person through Kwikset service and sent a password to the above person as text messages.

As such, the Defendant promised to receive the same price and lent the means of access linked to the account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on deposit certificates, customer information inquiry table, and account details;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (b) the sentencing conditions as indicated in the instant trial and the sentencing conditions as indicated in

Unfavorable circumstances: The act of lending means of access is various different, such as tax evasion, gambling, singing, etc.