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(영문) 광주지방법원 순천지원 2018.03.07 2017고단2118
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, at around 16:00 on July 23, 2017, the Defendant believed that he would lend a e-mail card between three months before B apartment units, and sent the e-mail card to the needy through Kwikset's service, with a new bank account (C), 2 (D, E), 2 (F), 4, and its password connected to the corporate bank account (F).

Accordingly, the Defendant lent an access medium while receiving, demanding, or promising compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. A trading statement and a transfer statement;

1. Application of Acts and subordinate statutes as a result of a search warrant or reply;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include a large number of access media leased by the defendant for the reason of sentencing, the fact that the access media leased by the defendant was used for the criminal act of licensing fraud, there is no criminal record exceeding a fine against the defendant, the defendant does not have any criminal record, the favorable circumstances, such as the fact that the defendant recognized the crime and reflects, and other favorable circumstances, such as the defendant's age, health status, occupation, home environment, motive and circumstance of the crime, and the circumstances after the crime, etc., are determined as ordered by the order.

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