beta
(영문) 서울서부지방법원 2019.05.15 2019고단744

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, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, on November 28, 2018, the Defendant lent B Bank Account (C) under the name of the Defendant to three days and promised to receive KRW 1.5 million, and then delivered the said B Bank Card to Kwikset service on November 29, 2018 at the front of the Seoul Seodaemun-gu D Building.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police statements of E;

1. A report on occurrence of loss;

1. Investigation into the results of transfer, provision of financial transaction information - Application of the Acts and subordinate statutes of bank A;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the accused was used for the fraud.

The punishment shall be determined as ordered in consideration of the circumstances, such as the fact that the defendant shows the attitude to recognize and reflect the mistake, the history and background of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment, etc.