(영문) 창원지방법원 2019.02.28 2018고단3271

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.02.28 2018고단3271

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

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or receive or lend the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, on July 1, 2018, the Defendant heard that “If he operates a liquor company for three days, he/she lends a physical card and password to a 700,000 won on the first day, the second day, 80,000 won on the second day, and 90,000 won on the third day, he/she would pay a total of 2,40,000 won.” At around 14:00 on July 3, 2018, the Defendant sent a physical card connected to the DV account (number: E) under the name of the Defendant using Kwikset, and sent a password to F.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time, lent a means of access to another person with knowledge of being used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on response data by the D Bank;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment was that the means of access leased by the defendant was used for the crime of licensing and that a large amount of secondary damages actually occurred.

However, there are other circumstances to consider the defendant's age, character and behavior, environment, and crime that the defendant is aware of and reflects the criminal act, that there is no criminal record, that the defendant is deceiving from the criminal organization, and that the defendant is leading to this case.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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