beta
(영문) 서울남부지방법원 2017.03.22 2016고단5702 (1)

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium with the receipt, demand or promise of any consideration in using and managing the access medium.

Nevertheless, the defendant, at around 16:00 on May 18, 2016, recruited a passbook to be used to deal with the game money of home business and game company's game money.

The loan of the head of the Tong shall be 1.6 million won in three months.

“After receiving text messages,” the Defendant sent cash cards and passwords, which are an access medium to the Defendant’s name bank account (Account Number B), to the named in the name of Kwikset Service.

Accordingly, the defendant agreed to receive compensation and lent an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (limited to a report on search and inspection of evidence attached to a financial account)

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 (Selection of Penalty) of the same Act;

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

1. Taking into account the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the wrong reasoning and there is no record of criminal punishment