(영문) 인천지방법원 2018.07.12 2018고단2904

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(영문) 인천지방법원 2018.07.12 2018고단2904

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

On February 8, 2018, the Defendant made a statement to the effect that “the Defendant sent one copy of the physical card under the name of the Defendant,” from a person in the name of the Defendant, and even when having known that such method of loan was made by an abnormal and illegal means, the Defendant did not at all confirm the identity of the person in the name of the Defendant, the place of work, the institution granting the loan, and whether the institution granting the loan actually belongs to the institution granting the loan. The Defendant did not confirm the authenticity of the promise of the loan. In addition, the Defendant did not specify not only the time, place, and method for returning the check card sent by the Defendant, but also the response method in the event of not returning it, but also the time, place, and method for responding, etc.

Therefore, even if the Defendant sent an access medium connected to the Defendant’s account under the name of the Defendant to the above party, he was fully aware that he would not use the above access medium in mind for the illegal purpose.

Nevertheless, around 15:00 on February 8, 2018, the Defendant transferred the physical card, which was linked to the D Bank Account (E) in the name of the Defendant, to the above non-standing victim via a door-to-door copy, which was linked to the D Bank Account (E) in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Receipts:

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 (4) 1, Article 6 (3) 1, and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the Preliminary Punishment of Criminal Facts, the choice of a fine for a crime (in the previous case, there was a record of having been suspended of indictment for the same kind of crime, and the access media transferred by the defendant is used for the singing crime, and its nature is not good, but a imprisonment without prison labor.

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