beta
(영문) 수원지방법원 안산지원 2018.08.22 2018고단2279

전자금융거래법위반

Text

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

If 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 any access medium used in electronic financial transactions.

On March 27, 2018, the Defendant received a mobile phone text message stating that “The Defendant will use the e-mail card for three days on the face of the week, and pay a total of KRW 800,000 per day, KRW 2.4 million on the face of the week,” and sent one copy of the e-mail card connected to the D bank account (E) in the name of the Defendant through the e-mail engineer, and notified the password via F.

Accordingly, the defendant agreed to pay for the above physical card, which is a access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of opening and withdrawing bankbooks to the recipient;

1. A person whose name has been given to him/her;

Application of F dialogue-Related Acts and Subordinate Statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (excluding punishment)

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

1. It is so decided as per Disposition on the grounds of not less than Article 334(1) of the Criminal Procedure Act (i.e., the fact that the defendant has no criminal record, and the damage has occurred due to the means of access lent by the defendant, etc.);