beta
(영문) 대전지방법원 천안지원 2018.09.07 2018고단1437

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 lend any access medium, etc. with the promise of a price to any third person to use a cash card or a password necessary for using a cash card which is an access medium to electronic financial transactions, a user number registered with a financial institution or an electronic financial institution.

On March 26, 2018, at the entrance of 18:00, the Defendant offered a proposal that “on the face of tax reduction and exemption, if an account is lent for three days, it will give KRW 3,300,000,000, to the account in the name of the Defendant,” from the person in default of name, the Defendant sent one physical card connected to the Saemaul Depository Account (C) in the name of the Defendant, to Kwikset, and lent a medium of access to electronic financial transactions, promising to provide compensation by notifying the above nameless person of his/her password as a mobile phone text message.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of transfer;

1. A trading statement;

1. Application of Acts and subordinate statutes on text messages;

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 access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was used for fraud, and there was a person who suffered damage therefrom.

However, the defendant recognizes his wrongness.

The defendant cannot be seen as benefiting from the crime of this case.

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

In addition to these circumstances, the defendant's age, sex, environment, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.