beta
(영문) 의정부지방법원 2018.05.30 2018고단942

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 any other Act, no person shall borrow or lend any access medium, or keep, deliver or distribute such medium, with respect to the use and management of any access medium.

Nevertheless, the Defendant accepted the proposal that, around November 9, 2017, the B Officetel 804, the Defendant, “on the face of the need to distribute taxes,” from the person in the name of the Defendant, “on the face of lending the account, KRW 3 million per account,” and then, sent to the name in the name in the name in the name in the name in the name in the name of the Defendant’s bank account (C) and (D) with one head of the physical card and the password connected to the name in the name in the name in the bank account of the Defendant.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to a copy of inquiry about the details of transactions of SC Il Bank;

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;