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(영문) 수원지방법원 여주지원 2017.12.01 2017고단1359
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 18, 2017, the Defendant received a proposal that he would lend the e-mail card from a person who has no name to a third party for three days, and responded to this, and then delivered the e-mail card to a person with no name via Kwikset Service Articles through Kwikset Service, which is linked to the national bank account in the name of the Defendant in front of the e-mail.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Statement made with D;

1. Application of the statutes on transactions in the account of a national bank under the name of the defendant

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to consider the damage caused by the fraud crime caused by the access medium leased by the Defendant. However, it is to be decided as per Disposition in consideration of all the factors of sentencing under Article 51 of the Criminal Act, including the time of and against the crime, the fact that it is an initial crime with no criminal history, the Defendant’s age, sexual behavior, environment, etc.

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