beta
(영문) 춘천지방법원 영월지원 2018.06.19 2018고단156

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

On December 27, 2017, the Defendant: “The head of the B Company C team,” is the head of the B Company C team, is soliciting accounts to be used for the reduction of liquor tax, and is using the C Card for three days on the face of lending it, and pays KRW 80,000 per day.

“On receipt of text messages to the effect that “, from January 1, 2018 to March 3 of the same month, they promised to post a telephone to the name-free person, thereby receiving KRW 2.4 million and lending the e-mail card for three days.

On January 4, 2018, the Defendant, at the E office located in Thai-si D around 1, 2018, placed a e-mail card in the name of the Defendant and sealed it in a box, and sent a e-mail card to the nameless person by means of sending the e-mail card.

As a result, the Defendant promised to pay for, lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Remittance receipt;

1. Response data on financial transaction information;

1. A transportation invoice;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to the Kakao Stockholm dialogue content with a person in the name of account A), Kakao Stockholm conversation content photograph;

1. Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions and Transactions of Specific Economic Crimes and Selection of a fine for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the Defendant as the instant crime, under favorable circumstances such as the fact that the Defendant has no record of punishment for the same kind of crime, the instant crime is a case of lending the Defendant’s access media used for electronic financial transactions, which may infringe on the safety and reliability of electronic financial transactions, not only the safety and reliability of electronic financial transactions, but also may be abused as a means of crime, such as telephone financial company, scam, etc., and the fact that the Defendant’s access media was actually used for a second offense, and other unfavorable circumstances such as the Defendant’s character, character, environment, motive and background of the crime, and the means and method of the crime.