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(영문) 인천지방법원 2017.09.22 2017고단4833

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 cash cards and their passwords, which are means or information to secure the authenticity and accuracy of users and transaction details in electronic financial transactions, to any third person or to any third person with the knowledge of being used for a crime, or with promise to lend them.

Nevertheless, around 12:00 on February 21, 2017, the Defendant received a letter from the person E in charge of D marketing in the vicinity of Gangseo-gu Seoul Metropolitan Government to offer KRW 2.1 million in return for the use of the passbook for three days, and consented thereto, and then, sent the account number (F) and password of the national bank in the name of the Defendant using the Kakao Stockholm text message to the Kwikset service, and opened one check card linked to the above national bank account to the above national bank account.

As a result, the Defendant used access media for electronic financial transactions for the purpose of receiving compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes concerning the details of customer transactions and the weather conditions at the point of withdrawal of damage;

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 criminal defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act with the reason of sentencing of the provisional payment order not only disturbs the credibility and safety of electronic financial transactions, but also forms another means of committing another crime using an access medium. It is reasonable to punish the defendant.

The access media that the defendant lent in return for the promise to pay is likely to cause damage by using it for the crime of lending fraud, etc.

However, the defendant recognizes the crime in this court and shows the attitude of reflectivity.

The defendant is only a criminal record who was sentenced to a relatively minor fine in 2004, and is subject to criminal punishment except for such criminal record.