beta
(영문) 수원지방법원 2017.06.30 2016고단7978

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on November 2016, the Defendant agreed to receive 2.2 million won per access medium to the Kwikset Service Articles who sent the above name in front of the 663 Private Teaching Institutes in Gyeonggi-si on November 8, 2016, and agreed to receive 2.2 million won per access medium to the Kwikset Service Articles who sent the above name in front of the 663 Private Teaching Institutes in Gyeonggi-si, and sent the personal card to the national bank account (C) opened in the name of the Defendant, and notified the password to the phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of victims in connection with the preparation of D;

1. Application of Acts and subordinate statutes on trading;

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. 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 for the crime of lending fraud, etc., under unfavorable circumstances, the Defendant committed an offense with an expectation of economic benefits, but the actual benefit was gained.

The circumstances that can be seen are not confirmed, the account under the name of the defendant was immediately suspended and there is no substantial amount of damage to the victim of the loan fraud, and the first offender who has no criminal record shall be considered in favor of each other, and the defendant's age, sex, environment, family relationship, and crime.