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(영문) 수원지방법원 안산지원 2019.08.29 2019고단2095
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 a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, on January 16, 2019, received the proposal that “I would pay KRW 1,200,000 if I lend the passbook for three days to reduce alcoholic beverages” from a person who assumes the office leader B of a liquor company, and accepted it. On January 16, 2019, the Defendant sent the physical card card and one password connected to the account in the name of the Defendant to the account in the name of the E Bank (F) from Pyeongtaek-si.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Article 49 (4) 2 and 6 of the Electronic Financial Transactions Act and Article 49 (3) 2 of the same Act concerning the selection of penalties;

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

1. The responsibility of the Defendant’s account for the sentencing of Article 334(1) of the Criminal Procedure Act is not somewhat weak in that the Defendant’s account was used for the crime of licensing.

However, since there are circumstances favorable to the defendant, such as the fact that the amount of damage has not been voluntarily withdrawn, and the fact that there are no other criminal records in addition to the punishment twice for traffic crimes, etc., the punishment shall be determined by combining them.

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