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(영문) 부산지방법원 동부지원 2018.06.07 2018고단462
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium for electronic financial transactions.

On October 12, 2017, the Defendant sent a new product for employees at a lending agency from a person who is named as an employee of the lending agency in Busan (hereinafter referred to as the "employee of the lending agency").

When sending a postal card, it was confirmed whether it is possible to deal with the credit card and then heard the phrase "to deposit the loan amount and pay it," and the above nameless person sent one copy of the Postal Card connected to the Defendant's name B bank (Account Number: C) account through Kwikset Service and notified the password.

Accordingly, the defendant transferred the physical card, which is a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to details of account transactions, B replys (related details of transactions, etc.), investigation reports (information on the review of monetary statements);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. In the event that an electronic financial transaction access medium is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish such medium, as it may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as Bosing, etc. In fact, the Defendant’s lending of the electronic financial transaction access medium is considered disadvantageous to the Defendant.

However, it is favorable for the defendant to recognize the facts charged, and the fact that the defendant has no record of criminal punishment in addition to being sentenced to a relatively minor fine one time for a crime of double-class.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime, are considered as the order.

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