beta
(영문) 의정부지방법원 고양지원 2019.01.25 2018고단2894

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise provided for in other Acts.

Nevertheless, on August 13, 2018, the Defendant received a text message stating that “the Defendant will offer an account, use the account for five days for five days if he/she lends the account, and then offer three million won.” On August 16, 2018, the Defendant lent the means of access to electronic financial transactions by using Kwikset-based service, which is linked to the DNA bank account under the name of the Defendant, at the front day of the C University located in B at Ponju City, around August 16, 2018. The Defendant provided a means of access to electronic financial transactions by promising Kwikset-based service to notify him/her of the password through F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written confirmation of the results of electronic financial transfer and a certificate of deposit transactions;

1. Application of the Acts and subordinate statutes on text messages and F dialogues;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the means of access leased by the defendant is actually used for another crime, and the liability for such crime is not somewhat weak.

On the other hand, the Defendant did not have any history of criminal punishment before committing the instant crime, and is against the recognition of his mistake, and there is no profit from the instant crime.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of the instant case, such as the age, character and conduct, environment, family relationship, and the circumstances in which the means of access was lent, etc.