beta
(영문) 수원지방법원 2018.01.12 2017고단6244

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

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on April 3, 2017, the Defendant promised to receive 10% of the amount deposited in the account from a person who is not aware of his name at a hotel in which the name of China is unknown, and delivered a new bank account (Account Number B) and a bank account (Account Number: Account Number: C) in the name of the Defendant to a person whose name is unknown.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Response to a request for financial transaction information;

1. A detailed statement of account transactions;

1. Application of statutes, such as an application for opening an account;

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 Competition;

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 crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc., and the Defendant’s access medium was actually used in committing a loan fraud, under unfavorable circumstances, the Defendant committed a crime with an expectation of economic benefits, but the actual benefit was gained.

The circumstances that can be seen are not confirmed, and the fact that there is no record of criminal punishment except once a fine due to a crime of violating the Military Service Act is considered as favorable circumstances. In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive and circumstance after the crime, etc., shall be comprehensively taken into account.