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(영문) 의정부지방법원 2018.01.18 2017고단5435
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

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, on August 25, 2017, the Defendant lent a e-mail card from a person without his name to a third party, with the word of 70,000 won per day and 50,000 won as down payment, lent the access media to the account, and thought to acquire cash. At the same time, the Defendant sent the e-mail card to the new bank account (C) opened under the name of the accused in the name of the accused at the Defendant’s residence located in Namyang-si, Namyang-si, Seoul.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A detailed statement of entry and withdrawal transactions;

1. Details of search and seizure inspection warrants and replies, and the details of requests for provision of communications data;

1. Application of the Acts and subordinate statutes governing CCTV photographs at a point where damage is withdrawn;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Taking into account the following factors: (a) the Defendant’s erroneous reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, in depth reflects the Defendant’s erroneousness; (b) the benefit gained from the crime is minor; and (c) the Defendant has no previous conviction.

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