beta
(영문) 청주지방법원 2018.04.23 2017고단2599

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On November 20, 2009, the Defendant was sentenced to six years of imprisonment with prison labor for the crime of bodily injury resulting from rape in the Suwon District Court’s Pyeongtaek District Court’s members, and completed the execution of the above punishment on September 8, 2015 in Daejeon Prison.

[Criminal facts] In using and managing access media, no one shall lend the access media while requiring or promising payment, unless otherwise specifically provided for in other Acts.

From August 2, 2017 to August 2, 2017, the Defendant, while making a telephone conversation with a name in the “C” restaurant located in Seo-gu Seoul Metropolitan City, Chungcheongnam-gu, the Defendant promised to lend the e-mail card connected to the account under the Defendant’s name to a one-month period on the condition that the Defendant would receive KRW 3 million per month. On August 8, 2017, the Defendant sent the e-mail card connected to the Defendant’s bank account (D) at the above “C” restaurant parking lot to the above 60-party male who was boarding the e-mailed car with the said parking lot.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificate of confirmation of remittance transactions;

1. Previous convictions indicated in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of a repeated crime and the completion of punishment);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Lending media access to electronic financial transactions requires strict punishment since it can be used as a means of other crimes. In fact, the victim suffered damage of five million won due to the lending of this case by the defendant, and circumstances favorable to the fact that the defendant had been used for the crime of Bosing even before the account of the defendant was committed: A confession of the facts of crime.