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(영문) 대전지방법원 천안지원 2017.08.10 2017고단1172
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

Except as otherwise provided for in any other Act, no person shall transfer or acquire any access medium in using and managing any access medium for electronic financial transactions.

Nevertheless, on March 27, 2017, the Defendant was seeking jobs by accessing the Internet site “Abmon” and visited a person who was unable to know his/her name by reporting that “the receipt of five days per week, five days per week, and fifty thousand won per day,” and thereby paying KRW 1,00,000 per account if he/she lent a physical card.

“In receipt of the proposal, around March 28, 2017, at Asan bus terminal located in Asan-ro 225, Asan-ro, Asan-ro, 225, sent a check card connected to the account (B) in the name of the Defendant to the Incheon bus terminal and sent it to the person whose name is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on investigation reporting;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the crime, the fact that there is no record of criminal punishment, and the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered by the Criminal Procedure Act, comprehensively taking into account;

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