beta
(영문) 인천지방법원 2019.11.29 2018고단9125

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, in using and managing a means of access by financial institutions, borrow or lend the means of access while demanding, demanding or promising compensation therefor.

Nevertheless, the Defendant, around September 18, 2018, lent the means of access of financial institutions to receive KRW 300,000,000 under the condition that he lends a personal card to a person with no name, prior to the departure of No. 5 in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and to B, a physical card connected with a bank account (D) in the name of the Defendant, and to provide a cell phone message with a personal identification number.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Details of account transactions, details of cell phone domains, application of Acts and subordinate statutes on packaging cards and photographs;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) although the means of access leased by the accused is actually used for other crimes and the liability for such crime is not provided for; (b) the fact that there is no actual acquisition price; and (c) the fact that there is no criminal record exceeding the fine exceeds the fine is considered as favorable to the accused; and (d) further, the Defendant’s age, character and conduct, environment,