beta
(영문) 인천지방법원 2018.06.22 2018고단3025

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

On December 14, 2017, the Defendant wanted to escape from a nameless person (one name “B”), who works for a liquor company (one name “B”) on December 14, 2017, and paid 600,000 won on a face of the card and then withdrawn.

Upon receipt of the proposal "," around 11:00 on the same day, at D's home page in Guro-gu Seoul Metropolitan Government, a national bank account in the name of the defendant (Account Number E), a new bank account (Account Number F), and a password, each connected to the new bank account (Account Number F), were delivered to the person in non-name.

Accordingly, the defendant promised to pay the price and lent the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused (including attached materials);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on application for opening an account and transaction details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Electronic Financial Transactions Act due to the lending of an access medium connected to a new bank account with a heavier penalty);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, the Defendant leased an access medium in return for promise, and the access medium actually used it for the phishing fraud, thereby causing damage.

Since the defendant lent multiple access media, the crime quality is not good.

Such crimes may be abused as a means of crime using access media, such as Bosing fraud, not only disrupt the reliability and safety of electronic financial transactions, but also can be abused as a means of crime.

In 2009, the Defendant has been sentenced to a fine due to the same type of violation of the Electronic Financial Transactions Act due to the transfer of access media, and there is a high possibility of criticism for the crime.

However, the defendant is not guilty.