beta
(영문) 서울서부지방법원 2018.11.02 2018고단2969

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, at around 15:46 on May 23, 2018, the Defendant: (a) received a proposal from a person in secret name, to pay 150,000 won per week on the face of a week to manage Internet gambling site monitoring, etc.; (b) pursuant to the purport that he/she will deposit 1.5 million won per week on the face of a week to the account linked with the physical card; and (c) notified the above nameless person of the password to the Defendant’s secret number of the physical card linked with the new bank account (Account Number B) in the name of the Defendant at around 17:00 on the same day.

As a result, the defendant promised to pay the price to the name of the victim and lent the approaching media to the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry of transaction details and application of investigation reports (the Kakao Stockholm dialogue content submitted by the suspect A) Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.