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(영문) 수원지방법원 2018.08.10 2018고단2934
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding or promising to receive compensation in using and managing the access medium.

Nevertheless, at around 16:00 on March 22, 2018, the Defendant, in front of the door of “C” located in Seocho-gu Seoul Metropolitan Government, used the name for three days from a person whose name is unknown, agreed to receive KRW 700,000 as one-day fee per account, and sent two physical cards, which are linked to the deposit account (Account Number: D) in the name of the Defendant’s name and post office deposit account (Account Number: Account Number: E) to a person whose name is unknown using Kwikset’s service, and notified him of the account number and password by telephone around the 23th day of the same month.

Accordingly, the Defendant promised to pay for the damages and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Each investigation report (to hear statements from a suspect telephone and to attach details of transactions with a post office passbook in the name of the suspect);

1. Application of Acts and subordinate statutes to the table of inquiry of customer information, such as verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions in the relevant Act on the crime;

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

1. Selection of an alternative fine for punishment (the first offense, confession, and reflective nature);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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