beta
(영문) 전주지방법원 군산지원 2019.10.02 2019고단801

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend a means of access while promising to receive consideration in using and managing the means of access.

Nevertheless, around 12:00 on March 21, 2019, the Defendant received the phrase “D” from a false name-free person who assumes the name “D,” and then borrowed the means of access to a name-free person by delivering three copies of the physical card connected to each account under the name of the Defendant, to the new bank (E), post offices (F), and enterprise banks (G) in the name of the Defendant, and to receive compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to details of transactions, details of financial transactions, investigation reports (suspect AI report);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine (the act of lending the means of access, etc. prohibited by the Electronic Financial Transactions Act may be abused for crimes, such as engaging in deceptions, tax evasion, gambling, etc., and thus, committed the act of lending the means of access, even if social abolitions have been promised, and the act of lending the means of access has been committed as much as the social abolitions have actually occurred, but the liability for the crime is not minor in that the defendant's serious reflectness and criminal punishment have no record, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;