beta
(영문) 청주지방법원 영동지원 2017.09.14 2017고단76

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

Nevertheless, on March 22, 2017, the Defendant promised to receive KRW 3 million from the needy person in the way near the Seodaemun-gu Seoul Central University Cultural Park in return for lending the bank account. On March 22, 2017, the Defendant provided three copies of the physical card linked to each account in the name of the Defendant, one bank (B), corporate bank (C), and new bank (D) through Kwikset service, and lent the password of each account to the needy person by informing Kwikset of the secret number of each account.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on response materials for warrant execution;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, respectively, Article 49 (4) 2 and Article 6 (3) 2 of the same Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse.

5. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the lending of the access medium for electronic financial transactions can be used as a means of other crimes, such as the instant crime, and the nature of such crime is not easy.

In fact, the access media lent by the defendant was used for other crimes, resulting in damage.

On the other hand, on the other hand, the defendant was committing the crime of this case and his mistake is divided.

The crime of this case was committed once, and the defendant seems to have no profit derived therefrom, and it does not appear that he directly participated in other crimes than the crime of this case.

There is no criminal history of criminal punishment against the defendant.

In addition, the existing level of punishment, etc. for all cases similar to the sentencing conditions revealed in the trial process of this case shall be taken into consideration.