beta
(영문) 수원지방법원 여주지원 2017.03.15 2016고단1451

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

No person shall lend any medium for access to electronic financial transactions in the course of receiving, demanding or promising the price therefor.

Nevertheless, on August 17, 2016, the Defendant accepted a proposal that “to use the e-mail card only one week, and to return or destroy the e-mail card if you wish to do so after one week,” and sent the password of the bank account in the name of the Defendant to the e-mailer on August 18, 2016. On August 18, 2016, the Defendant sent the e-mail card in the above bank account to the e-mailer by telephone, and then sent the e-mail card in the above bank account to the e-mailer using Kwikset Service.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing the specifications of deposit transactions;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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 does not have any record of criminal punishment, and the defendant repents and reflects his mistake, and the degree of damage inflicted by the instant crime is considered and sentenced to the same sentence as the order in consideration of the degree of damage inflicted by the instant crime.