(영문) 청주지방법원 영동지원 2019.01.31 2018고단188

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(영문) 청주지방법원 영동지원 2019.01.31 2018고단188

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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.

Nevertheless, around September 7, 2018, the Defendant promised to receive a total of 9.6 million won from the needy in order to lend four bank accounts from the French-dong, Chungcheongnam-dong, Chungcheongnam-do, to deliver four physical cards, including each one of the physical cards connected to the name of the Defendant’s account (D), E Union account (F), and G E Association account (H and I), which is the Defendant’s wife, to the designated place, and deliver it to the needy and notify him of the password through J, thereby lending the means of access to each electronic financial transaction.

Summary of Evidence

1. Defendant's legal statement;

1. Application of J dialogue-related Acts and subordinate statutes to the needy;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence] is that each of the crimes in this case committed by the Defendant committed a total of four means of access while promising the Defendant to pay, and the nature of the crime is poor in light of the circumstances and contents of the crime.

As such, the means of access can be used as a means of other crimes, and actually the means of access leased by the defendant was used for other crimes, thereby causing damage.

[Ligue circumstances] The defendant committed each of the crimes of this case, and repents his mistake.

There is no profit gained by the defendant through each of the crimes of this case, and it is not deemed that the defendant directly participated in other crimes than the crime.

The defendant has no criminal records subject to criminal punishment against an objection.

The age and age of the defendant.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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