beta
(영문) 대전지방법원 서산지원 2014.03.27 2013고정266

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access for consideration, unless otherwise specifically provided for in any other Act.

On February 12, 2013, the Defendant: (a) received a proposal from a person who was unaware of the name, who operated the Internet gambling site known through e-mail, to offer KRW 35,000 per day in the case of lending the account that can be used for three months from one month to three months; and (b) opened a post office account (B) in the name of the Defendant in the Si/Gu/Eup/Myeon on the same day.

After opening an account as above, the Defendant received 90,000 won from a person who was unaware of his name to another account, and sent 90,000 won to the Defendant’s other account, and paid 20,000 won out of the above 90,000 won to Kwikset service employees who sent out name in the vicinity of the Defendant’s residence in Jinjin-si, and opened a cash card connected to the passbook in question.

Accordingly, the Defendant lent the means of access in return for the payment from the person who was not the party.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Inquiries about financial transaction information;

1. Application of Acts and subordinate statutes on public receipts;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order takes advantage of the benefit of 70,000 won and lending the means of access to a cost. The crime of this case is not only prejudicial to the safety and reliability of financial transactions using electronic media, but also requires strict punishment because the electronic medium is highly likely to be used for various criminal acts, including cryping, with serious social harm. The means of access actually transferred by the defendant is used for cryping, thereby causing property damage equivalent to 5,180,000 won to the victim.