beta
(영문) 서울서부지방법원 2017.09.27 2017고단1710

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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to give instructions on transactions in electronic financial transactions or to use and manage any access medium used to secure the authenticity and accuracy of users and the details of transactions.

On April 21, 2017, the Defendant promised to lend the physical card under the name of the Defendant for two days from the person who was in the name of the Defendant, and issued a physical card to Kwikset Service Articles who sent one of the physical card connected to the account of the national bank in the name of the Defendant to the Korean bank located in the name of the Defendant in front of the Gangnam-gu Seoul Metropolitan Government 159-11.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine (to reflect his/her mistake and to take into account the circumstances, such as the fact that he/she has no record of being punished for the same kind of crime);

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;