logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.11 2018고단2797
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no person shall lend any access medium with the receipt of, demand for, or promise to provide compensation in the course of using and managing the access medium.

Nevertheless, on January 9, 2018, the Defendant listened to the statement that “When sending a physical card connected to a financial account due to the problem of tax reduction or exemption of liquor company, the Defendant would give KRW 2 million per head,” and around January 11, 2018, via Kwikset Co., Ltd.’s service in Seocho-gu Seoul, sent the physical card card, one and one password connected to the new bank account under the name of the Defendant, and one and one password connected to the same name’s bank account (E), and one and one password connected to the same name’s bank account (F) respectively.

Accordingly, the Defendant committed an act of lending the access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on the specifications of deposit transactions, verification of request for remittance of other acts, inquiry of details of transactions, and application of the detailed statement of transactions of deposits;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions 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. The crime of lending an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the workhouses is a means to facilitate other crimes committed against many unspecified persons, such as Bosing, etc. The fact that the physical card offered by the Defendant was actually used for the crime of Bosing, which actually iced the loan, and that the Defendant reflects the wrongness of the Defendant.

arrow