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(영문) 인천지방법원 2018.08.17 2018고단4535

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 lease any access medium used in electronic financial transactions in return for payment.

On February 5, 2018, the Defendant: (a) around 13:00, in the Nam-gu Incheon Metropolitan City, “The Defendant would lend the account for three days to each three million won of the face-to-face account”; (b) in response to the proposal of the wounded, the Defendant sent three copies of the physical card linked to the Defendant’s corporate bank account (D, E, F) to the book, and then sent it to the G expenditure room in the above place C so that the unclaimed winners may collect. (c) The Defendant notified the password of the above physical card using the Kakao Kao Kao Fa.

Accordingly, the defendant agreed to receive compensation and lent financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes on the transactions of Internet banking and the Kakao Stockholm dialogue attached to a defense counsel’s written opinion;

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 Criminal Act of the Commercial Competition;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, the defendant seems to have led to the confession of crime and to reflect the mistake.

The defendant does not seem to have actually received any consideration.

The Defendant has no record of criminal punishment prior to the instant case.

The above circumstances include the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.