beta
(영문) 인천지방법원 2016.10.28 2016고단6347

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall lend or lend any "means of access", such as an electronic card, used to make a transaction request in electronic financial transactions or to secure the accuracy and reliability of users and the details of transactions, in promise of any consideration.

On June 27, 2016, the Defendant, with a communication from a person whose name is unknown, lent the name to a person whose name is unknown through Kwikset’s service, a physical card and a password connected to the new bank account (Account Number C) under the Defendant’s name, and a physical card and a password connected to the national bank account (D) from the Incheon Gyeyang-gu, Incheon, and 301.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes concerning account transactions and transaction details;

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

1. Formal concurrences, Articles 40 and 50 of the Criminal Act for the selection of punishment, and the selection of fines;

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

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act requires consideration of the fact that the victim was caused by the Defendant’s crime, the means of access leased by the Defendant is two individuals, the criminal records of the Defendant, etc.