beta
(영문) 광주지방법원 2018.11.30 2018고정990

전자금융거래법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lend any access medium with the receipt, request or promise of compensation.

Nevertheless, on November 2017, the Defendant, upon receiving a proposal from a person under whose name he misrepresented as a staff member of a liquor company, proposed that he would use the check card for the purpose of receiving tax reduction or exemption, and offer 500,000 won as usage fees,” and accepted it. On the other hand, the Defendant sent one check card connected to the post office account under the name of the Defendant using the selective transfer service at the post office located in the southyang-gun group, and sent the password to the person under whose name the check was not known.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

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

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

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;