beta
(영문) 서울남부지방법원 2018.08.17 2018고단2283

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall borrow or lend any access medium while receiving, demanding or promising the consideration.

Nevertheless, on January 30, 2018, the Defendant sent a e-mail card under the name of the party because it is likely that he/she will take 150,000 won per day per week when he/she manages the illegal sports earth site from a person without his/her name.

C. After receiving a proposal, “C.”, around 19:00 on January 30, 2016, around 19:00, the Seoul Southern-gu Seoul Special Metropolitan City, sent a copy of the C.C. card linked to the Defendant’s bank account (B) to the Defendant’s name in front of the entrance of the Seoul Southern-gu, Seoul Special Metropolitan City, 1822, and lent the access media with the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Provision of financial transaction information and transaction details (the bank account in the name of the defendant);

1. A written confirmation of transfer transaction;

1. Application of Acts and subordinate statutes to inquire about personal information of customers;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The aforementioned circumstances and the records of this case, including the circumstances leading the Defendant to the instant crime, the method and content of the crime, the circumstances after the crime, and the age, sex, and environment of the Defendant.