beta
(영문) 인천지방법원 2018.11.26 2018고단7411

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, around July 13, 2018, the Defendant would provide loans from the loan counselor of the Kakao Stockholm to KRW 12 million by telephone from the loan counselor of the Kakao Stockholm D.

With the knowledge that the Cze Card was transferred upon receipt of the proposal ".. to pay interest, I sent the Cze Card through Kwikset Service, which is an access medium connected to the Kwikset's account (Account Number D), and notified the Kakao Stockholm of its password through Kwikset.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1, 6 (3) 1, and 6 (3) 1 of the Act on Electronic Financial Transactions through which a sentence is chosen, and the choice of a fine concerning criminal facts (see, e.g., the time gap with the previous crime, the absence of independent criminal intent, and the suppression of recidivism);

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;