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(영문) 서울서부지방법원 2018.02.09 2017고단3755

전자금융거래법위반

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall lend, deliver, keep or distribute access media used for electronic financial transactions, promising the receipt and delivery of consideration.

Nevertheless, around August 24, 2017, the Defendant accepted the proposal that “on the street prior to the departure of the account, the Defendant would lend KRW 2 million per 1 bank account” in the name of the Defendant, and transferred each password and physical check of the bank C and the Korea CCD account in the name of the Defendant, through Kwikset Service.

As a result, the defendant promised to receive the price, and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the deposit certificate of passbook without passbook;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (original offense, confession, and reflective nature);

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;