beta
(영문) 인천지방법원 2018.09.12 2018고단5356

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 or lend any access medium with a promise to give instructions in electronic financial transactions or use and manage any access medium used to secure the authenticity and accuracy of users and the details of such transactions.

On April 2018, when the Defendant received money from a person who has no name to the name of the Defendant, there is a case where the sale exceeds the standard value due to exposure to the corporate account.

Therefore, if it is inevitably lent for 5 days to receive a check card, it will be KRW 3 million if it is lent for 5 days.

See the word “,” and on April 4, 2018, in the Seo-gu Incheon Metropolitan City’s residence No. 305, 1102, the physical card, which is a medium of access to the Defendant’s name bank account (C) and the Agricultural Cooperative Account (D), was sent by Kwikset service.

As a result, the Defendant promised to give consideration for the transaction instructions in electronic financial transactions, or lent an access medium used to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused (including attached materials);

1. E statements;

1. Application of the relevant Acts and subordinate statutes to a detailed statement on transactions of entering and withdrawing, and written financial transaction information;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Electronic Financial Transactions Act due to lending of an access medium to the account of Korean banks with heavy criminal situation);

1. Selection of an alternative fine for punishment;

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

1. The Defendant’s crime of sentencing under Article 62(1) of the Act on the Suspension of Execution (the following favorable circumstances among the reasons for sentencing) is leased to the Defendant’s access media with the promise of payment. Such crime not only disturbs the reliability and safety of electronic financial transactions, but also disturbs the reliability and safety of electronic financial transactions.