beta
(영문) 서울남부지방법원 2018.07.25 2018고단1924

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, on March 12, 2018, the Defendant sent a physical card connected to the Defendant’s bank account (D) and sent a password to the name in the manner of sending the phone by packaging one copy of the celective ticket in the Dobong-gu Seoul Metropolitan Government around March 12, 2018, when the Defendant borrowed KRW 2 million from his name in return for lending the account, lending a medium of access to the account and acquiring cash. In addition, on March 12, 2018, the Defendant sent the cream card to the name in the name in return for sending the phone to the Defendant’s bank account in the name in the name in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Statement made by the police for E;

1. A petition for E works;

1. Confirmation of the results of transfer;

1. Notification of data on financial transaction status;

1. Application of Acts and subordinate statutes on the separate account statement (the bank account in the name of the defendant);

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the crime of this case lending the access media that can be used for the so-called Bosing crime or the Internet fraud crime is not good.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The above circumstances, the background leading up to the Defendant to commit the instant crime, the method and details of the crime, the circumstances after the crime, and other circumstances.