beta
(영문) 서울남부지방법원 2018.08.30 2018고단3151

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer, receive, request or promise any access medium used in electronic financial transactions to lend any access medium.

Nevertheless, the Defendant is a logistics support team of the original importer C(State) from a person (one named B) whose name is unknown in the middle of January 2018, and the government leased the check card to receive customs benefits.

On the face of the lending State, three million won per mobile phone text message from the mobile phone, and dialogues with the above person and Kakaooox, and send the Cze Card from that person to Kwikset Service.

At the 6th of the following day after confirming the normal account of the State, the proposal was accepted to the effect that the advance payment of the rent is prohibited.

After that, on January 2018, the Defendant sent a physical card (Account Number: E) connected to the Defendant’s bank account under the name of the Defendant and a new bank account (Account Number:F) connected to the Defendant’s bank account under the name of the Defendant in the middle of Yangcheon-gu Seoul, Yangcheon-gu, Seoul. In January 2018, the Defendant provided Kwikset service to the said person and provided each password to the said person with each of the password.

As such, the Defendant promised to receive the same, lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of Acts and subordinate statutes on the certificate of transfer confirmation and details of deposit transactions;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;