beta
(영문) 인천지방법원 2017.11.08 2017고단4790

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 medium access to electronic financial transactions while demanding or promising the payment therefor.

Nevertheless, on March 15, 2017, the Defendant received a written message from a person who was unaware of his name and used to reduce taxes from liquor companies and agreed to provide 2.1 million won on the third day of each week from the lending of the e-mail card. During the same month, the Defendant lent the electronic financial transaction access media to Kwikset articles by delivering two e-mail cards connected to the Defendant’s corporate bank account (E and F) in the name of the Defendant’s wife in front of Seoul Police Officer B, and informing him of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A certificate of confirmation of transfer transactions and a statement of account transactions;

1. Application of Acts and subordinate statutes to response to providing financial information;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that lending of electronic financial transaction access media is highly likely to cause secondary damage, such as fraud, and that such a crime is likely to be abused. Therefore, the nature of the crime is not somewhat weak.

However, in consideration of the fact that the defendant's mistake is recognized and reflected, it seems that he/she is not paid the price, and there is no same power, a fine shall be imposed as ordered by the disposition.