beta
(영문) 대구지방법원 2018.10.11 2018고단3661

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on February 27, 2018, the Defendant made a loan as if he had a place of work by sending a physical card and repeating the password when he/she knew of the password from a person who was in the name of the Defendant on February 27, 2018 through the Kakao Stockholm.

Around 10:30 on February 28, 2018, after receiving a proposal to the effect that “A” was accepted, the Defendant sent to the name in front of the Defendant’s home located in Yongsan-si apartment C apartment 202, one check, which was linked to the Defendant’s name bank account (Account Number: D) in the name of the Defendant, for Kwikset service.

Accordingly, the Defendant lent access media used for electronic financial transactions while knowing that it will be used for crimes such as fraud, violation of the Act on Real Name Financial Transactions and Confidentiality.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of the Kakao Stockholm dialogue;

1. Application of the receipt statute

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) 3 of the same Act, 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The court shall determine the punishment as ordered by the Disposition, taking into account the various circumstances shown in the pleadings of this case, such as the fact that the leased access media has been used for the criminal of Bosing: The confession and reflect; the first offense; the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and the circumstances after the crime.