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(영문) 인천지방법원 2018.08.30 2018고단4969

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

In using and managing the access media, no act of lending the access media while demanding, demanding or promising the consideration shall be allowed.

Nevertheless, on February 26, 2018, the Defendant is a liquor company, and there is a need for an account for tax reduction from the person who is in the name of the company.

It is intended to lend money to the account.

“On receipt of the text message stating “,” and promised to receive KRW 600,000 on the condition that the above proposal would be lent from the person in the name of the deceased for three days, and then, at around 14:00 of the same day, Kwikset service article around 14:0, Incheon Seo-gu and 123, which is the Defendant’s residence, sent one e-mail card connected to the Defendant’s nominal bank account (D) on the back.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the E statements and the F statements;

1. A copy of the pre-entry and withdrawal slip, and a copy of passbook;

1. Mobile phone text messages, telephone contents printed materials, and contents of conversation;

1. Application of Acts and subordinate statutes on mobile analysis data;

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 singishing fraud, etc. In fact, the victim of the fraudulent crime has occurred through the access medium leased by the Defendant, and the possibility that his access medium may be used for other illegal purposes can be predicted in light of the content proposed by the Defendant.