beta
(영문) 인천지방법원 2018.11.15 2018고단7000

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, on July 3, 2018, the Defendant received a call from a person without his name to "be paid 300,000 won per day of lending a check from the person with no name," and agreed to receive money from the person with no name to lend the check to the person with no name, and then, at around 22:00 of the same day, the Defendant used Kwikset Card connected to the Saemaeul Treasury Account (B) in the vicinity of the port of call No. 3 in the name of the Defendant in the Nam-gu, Incheon Metropolitan City.

As a result, the Defendant promised to give instructions in electronic financial transactions or to offer access media used to ensure the authenticity and accuracy of the contents of transactions with users and users.

Summary of Evidence

1. Statement by the defendant in court;

1. A report (including attached documents) on the interrogation of the suspect against the accused;

1. A written statement (including attached documents) prepared in C;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of search and inspection);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The act of lending an access medium to electronic financial transactions with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment as it impairs the stability and reliability of the electronic financial transaction and may be abused for other crimes such as singinginging fraud, etc. In fact, the fact that the victim of the fraudulent crime has occurred through the access medium leased by the Defendant, the Defendant lent the access medium from the intent to make a restitution to the illegal use of its access medium.