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대구지방법원 서부지원 2017.06.02 2017고단181

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall, in using or managing access media, borrow or lend such access media while receiving, demanding or promising compensation therefor.

Nevertheless, on October 24, 2016, the Defendant: (a) received a proposal from a person without his/her name to “private sports Saturdays, and is using the passbook by lending it; and (b) agreed to receive the price as above; (c) on the same day, he/she used Kwikset in front of the Defendant’s residence in Busan Dong-gu, by using Kwikset’s service to the Busan Bank’s account (Account Number C) in front of the Defendant’s dwelling; and (d) notified him/her of the password and the password.

As a result, the defendant promised another person to receive compensation and lent the access media of electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of D, E, F, G and H;

1. Relevant Articles 49(4)2 and 6(3)2 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts (in addition to the fact that the defendant recognizes and reflects the crime of this case and is punished once for the crime of this case, consideration shall be given to the fact that there is no particular criminal history, such as the fact that the defendant has no criminal history, in addition to the punishment for a crime of this case)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;