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(영문) 인천지방법원 2018.09.21 2018고단2121

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On November 13, 2017, the Defendant listened to the speech that “the Defendant borrowed a bank account for the purpose of tax reduction or exemption, one of which will be paid three million won per account.” From 15:00 to 501 of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Building B Building 501, each access medium for the Defendant’s name bank account (C) and the Nong Bank account (D), and the Nongkset Service.

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a request for the provision of information on financial transactions, such as a seizure and search warrant and reply data (information inquiry sheet and transaction statement);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 1 and Article 6 (3) 1 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is transferred by the defendant to his name in order to receive the payment of the price. The above crime can be used for another crime with a large amount of social harm such as cryping, etc. because the access media, such as cyp cards, can be used for another crime.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

In fact any consideration shall be paid by the defendant.