beta
(영문) 인천지방법원 2018.07.13 2018고단2891

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, on November 9, 2017, the Defendant, who opened a bank account in the name of another person, with the intention to KRW 4 million per bank account as the account in the name of another person is required.

“On receipt of the text message “,” and promised to communicate to the Kakao Stockholm account that was contained in the text message and receive KRW 4 million. On November 9, 2017, around 14:00, Defendant’s name-based Kwikset’s account was sent via an article of Kwikset’s name-based Kwikset’s account in front of the building in Nam-gu Incheon Metropolitan City B.

As a result, the defendant committed an act of lending the access media with promising to pay for the use and management of the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes as a result of a search and seizure warrant (2017-8178) reply;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) is leased with a promise to pay and an access medium. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. As such, there is a need for the punishment.

The access media leased by the defendant was actually used for the crime of lending fraud, etc., causing damage.

Since the Defendant received a message stating that an account needs to be used in the earth’s private sector, the Defendant committed the instant crime, the access media is illegal.