beta
(영문) 서울남부지방법원 2018.09.12 2018고단3522

전자금융거래법위반

Text

Defendant shall be punished by a fine of three 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 any other Act, no person shall borrow or lend any access medium or distribute, keep, deliver or distribute any access medium while demanding, demanding or promising the consideration in using or managing any access medium for electronic financial transactions.

On November 21, 2017, the Defendant received a proposal from the French-gu Seoul Metropolitan Government building B and from the needy in subparagraph C, that “on the face of lending one 1.5 million won to a bank account opened in his/her own name,” and consented thereto. On November 21, 2017, the Defendant entered a password in the physical card connected with the D bank account (Account Number: E) under the name of the Defendant, and sent it to the nameless person via Kwikset service.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Statement made by the police with regard to F;

1. A copy of the F Document;

1. Application of Acts and subordinate statutes to details of provision of financial information (information inquiry table, details of entry and departure transactions, etc.);

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

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 favorable circumstances: there is no record of criminal punishment against the defendant.

The aforementioned circumstances and the background leading up to the Defendant to commit the instant crime, the method and content of the instant crime, the circumstances after the commission of the crime, and other circumstances that led to the Defendant’s age, sex, environment, etc. are shown in the instant records and arguments.