beta
(영문) 서울동부지방법원 2017.08.22 2017고정826

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing access media, no person shall borrow or lend, or store, deliver or distribute any access medium while requiring or promising to receive compensation.

Nevertheless, on September 2014, the Defendant called that “The Defendant would sell several bags to the main company due to tax reduction or exemption,” and consented thereto. At that time, the Defendant opened a passbook and a check card linked to the Defendant’s Saemaul Savings Depository Account (B), IBK Bank Account (C) and a passbook and a check card linked to the Defendant’s name-free Kwikwikset Service Officer’s name prior to the 8th page of the Skwikset Bank Account in Dongjak-gu Seoul Metropolitan Government.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Filing an investigation report (as to the transfer of an access medium by A), the law shall apply.

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the crime of this case was committed not only undermining the trust and safety of financial transaction, but also undermining the trust and safety of financial transaction. As such, the nature of the crime is not less exceptionally used for all kinds of criminal acts. The Defendant has no record of criminal punishment due to the same kind of crime, including the Defendant’s age, sexual behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the sentence is determined as ordered.