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(영문) 인천지방법원 2018.12.13 2018고단7853
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

On August 8, 2018, the Defendant received a letter of loan from a person who was in an infinite name, who is an employee of a branch office of a national bank, and called the phone and sent the physical card from a person who is infinite's name to the effect that he is an employee of a branch office of a national bank.

After receiving the answer to the purport that “”, the act of gathering the e-mail card was doubtful as not an act of ordinary lending, and if the e-mail card was not returned without setting the time to receive the e-mail card, the e-mail card was applied for the suspension.

Accordingly, around 14:00 on August 15, 2018, the Defendant transferred one copy of the physical card connected to the NongHyup Bank account (Account Number C) in the name of the Defendant in front of the Defendant’s house located in Jung-gu Incheon, Jung-gu.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to details of transactions, account reply sheet and data;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing criteria are not applied because of the choice of fine.In consideration of the fact that the electronic financial transaction access media that lends fine 2.5 million won to another person can be used for fraud crimes such as Bosing, etc., it is necessary to strictly punish the accused.

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