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(영문) 수원지방법원 2017.09.01 2017고단674

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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on September 2016, the Defendant: (a) sent a phone call from a person in the name of a police officer in the middle of the year 2016; (b) sent a phone call to acquire cash; and (c) on September 27, 2016, the Defendant promised Kwikset Service Articles who sent the above-mentioned names on the front road in Songpa-gu Seoul Metropolitan Government, to receive three million won per access medium; and (d) sent our bank accounts (D) and the new bank accounts (E) opened in the name of the Defendant, and sent the password to the phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A report on investigation (a report accompanied by a complaint).

1. Application of Acts and subordinate statutes to response materials by financial institutions;

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

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

1. Selection of an alternative fine for punishment;

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

1. The crime of lending access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The Defendant’s lending media actually used for the crime of lending fraud, etc. under unfavorable circumstances, such as: (a) the Defendant recognized the Defendant’s mistake and reflects it; (b) the Defendant committed a crime with an expectation of economic benefits; (c) but (d) the Defendant took real benefits.

The circumstances that can be seen are not confirmed, and there is particular criminal punishment except once a fine is imposed due to the crime of aiding and abetting gambling.