beta
(영문) 의정부지방법원 2017.07.06 2017고단2404

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 borrow or lend any access medium used for electronic financial transactions, or store, deliver or distribute such medium in return for payment, request or promise.

Nevertheless, on November 8, 2016, the Defendant: (a) received a proposal from a person in unsound name to “B Company C’s agent who leased the personal account for the purpose of reducing liquor taxes; and (b) received rent of KRW 2 million per one account; and (c) received it; (b) around November 22, 2016, around 15:00, the Defendant transferred each physical card and password of the name Kwikset’s account (E) and the post office account (F) to his/her name-based service engineer.

Accordingly, the defendant promised to receive the price, and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made to G by the police;

1. Details of transfer of an account under the name of the actual owner, details of seizure of a post office account under A, and application of statutes on seizure of a bank account under A;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

1. Taking into account the following factors: (a) the Defendant’s erroneous reasoning for sentencing under Articles 70(1) and 69(2) of the Criminal Act, in depth, reflects the Defendant’s erroneous conviction; and (b) the Defendant has no previous conviction.