beta
(영문) 서울서부지방법원 2021.01.15 2020고단456

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium while promising to receive, demand or promise the price.

Nevertheless, on November 29, 2019, the Defendant sent a check card to the use of the principal and interest repayment for lending, from a person in a false name who assumes the name of “C” agent in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, for the purpose of lending,” from a person in a false name who assumes the name of “C” agent.

“Ch.” received a proposal and accepted it, and sent a physical card connected to the E bank account (F) in the name of the defendant to the above person, using the Kwikset delivery service, and sent it to the above person without the name, and notified the password.

Accordingly, the Defendant promised to borrow the access media in return for the intangible benefit that can receive future loans.

Summary of Evidence

1. Application of statutes to the Defendant’s legal statement G, and a report on investigation of H bank transaction verification (a summary of the result of execution of a warrant of search and seizure conducted by applying the financial account trend) investigation (Submission of evidentiary data on the contents of AKakakao Stockholm conversation)

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that transfer of access media for electronic financial transactions can be used as a means of other crimes. In fact, in the instant case, the access media transferred by the Defendant was used for crime.

However, in light of the fact that the Defendant appears to have committed a crime and the fact that the Defendant was the first offender who has no record of punishment, etc., a favorable condition should be taken into account, and the sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, shall be determined as ordered.