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(영문) 인천지방법원 2016.12.22 2016고단7102
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

No one shall lend a means of access in return for promising to receive compensation.

Nevertheless, at around 16:40 on June 7, 2016, the Defendant was urged from the DPC bank located in Seo-gu Incheon, Seo-gu, Incheon, to offer 3 million won at the face of the lending of the PC card from the person who has no personal identity, and the Defendant sent the PC card and password connected to each account in one bank (E) account in the name of the Defendant and national bank (F) through Kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes concerning account transaction statement;

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

1. Article 40 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where an electronic financial transaction is transferred, the safety and reliability of the electronic financial transaction may not be undermined, and thus, it is necessary to strictly punish the means of access transferred by the defendant. In fact, in light of the fact that the means of access is used for the crimes of Bosing, the crime is not weak, but the defendant appears to have an attitude to recognize and reflect the crime, and the first offender is the first offender, and other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and conduct, environment, etc., as indicated in the records and arguments in the instant case, shall be determined as per the order.

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