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(영문) 서울남부지방법원 2019.02.13 2018고단6029
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

In using and managing a means of access for electronic financial transactions, no one shall lend the means of access while demanding, demanding or promising the payment, unless otherwise specifically provided for in any other Act.

On April 17, 2018, the Defendant promised that “The Defendant shall provide 1.5 million won per 1,500,000 won per 3-day check, if he/she lends the e-mail card to 30,000,000 won per 1,50,000 won per e-mail card.” On April 17, 2018, the Defendant sent the e-mail card connected to the d bank account (E) in the name of the Defendant in the Gangseo-gu Seoul Metropolitan Government, B apartment, and Cdong, one e-mail card connected to the F bank account (G), one e-mail card connected to the e-mail delivery book, and notified the e-mailer of the password number on the same day.

Accordingly, the Defendant promised to receive a total of 3 million won, thereby lending the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Certificates of confirmation;

1. Application of Acts and subordinate statutes on financial transaction information in the DNA bank account under A;

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The transfer of a physical card is highly likely to infringe on the safety and reliability of electronic financial transactions and cause secondary damage as it is used for crimes such as scam, etc.

The defendant transferred two physical cards to the defendant for the purpose of receiving the price, and the above physical cards were actually used for the crime of fraud, so the responsibility for the crime is not weak.

The favorable circumstances: The defendant reflects the crime and has no record of criminal punishment.

It seems that there is no benefit acquired from the crime of this case.

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