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(영문) 춘천지방법원 영월지원 2018.09.11 2018고단229
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 access medium or distribute the storage, transmission, or distribution while demanding and promising to receive compensation in using and managing the access medium.

Nevertheless, at around 10:41 on November 14, 2017, the Defendant was unable to pay KRW 2.5 million at the time of receipt of one account to the low-income company.

The terms and conditions of use per week and 5 days' use shall be 5 days' use.

“On November 21, 2017, after receiving text messages, the Kakao Stockholm confirmed the above contents, and then, on November 21, 2017, sent the Kakao Card connected to the Defendant’s name bank account (D) in front of the convenience store in the Cheongju-si, the Cheongju-si, the Cheongju-si, on November 21, 2017.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of transactions;

1. Details of transactions of deposits and withdrawals;

1. An investigation report (Attachment of suspect mobile phone text messages);

1. Application of the photographic Acts and subordinate statutes;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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 recognizes the crime of this case. The defendant has no record of punishment for the same kind of crime, and the crime of this case is a case of lending the access media used for the electronic financial transaction to the defendant, not only infringing the safety and reliability of the electronic financial transaction, but also can be abused as a means of crime such as telephone financial company, singing, etc., and is highly likely to social criticism. The access media leased by the defendant was actually used for the second offense, and other disadvantageous circumstances such as the defendant's character and conduct.

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