(영문) 서울중앙지방법원 2018.05.30 2017고단8365

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2018.05.30 2017고단8365

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

On September 5, 2017, the Defendant: (a) heard the proposal that “I would help you get loans of KRW 60,000,000 to the party; (b) once sending a passbook and a check card connected to the account because of good credit, I would make it possible for our company to make loan approval by creating transaction details; and (c) around 20:00 on the same day, I transferred the passbook and check card connected to the bank account (Account Number D) opened in the name of the Defendant in the name of the Defendant in Seocho-gu Seoul, Seocho-gu, Seoul, to Kwikset who sent the above nameless winners of the passbook and check card.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on remittance details deposited into an account under the name of the recipient;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the selection of fines for criminal facts;

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 requires strict punishment as to lending of access media for electronic financial transactions for the reason of sentencing under Article 334(1) of the Act on Criminal Procedure of the Provisional Payment Order to the effect that it may damage the credibility of the safety and performance of electronic financial transactions and may be used as a means of other crimes. The actual use of access media that the defendant lent to the defendant was sentenced to a crime of fraud, the fact that the defendant was sentenced to a fine for similar acts, etc. has not yet been long since long, the defendant committed the crime of this case again is disadvantageous to the defendant. In light of the circumstances unfavorable to the defendant, the defendant's mistake is recognized, the payment of damages to some victims of the fraudulent crime using the defendant's account in the name of the defendant, and the fact that there was no criminal record exceeding the fine, etc., the sentence shall

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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