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(영문) 서울북부지방법원 2016.05.13 2016고단663
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

No person shall lend any access medium with the promise of compensation in using and managing access medium for electronic financial transactions.

On June 7, 2015, in the street near the Dobong-ro 198, Gangnam-gu, Seoul, the Defendant offered a proposal that 1.20,000 won will be given on the face of the week by lending access media from a person who is in an influence to his name, and accepted the proposal, and then lent the access media to Kwikset service provider who sent the name and non-sckseter cash cards and passwords connected to the SC bank account (Account Number B) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) concerning criminal facts (transfer of cash cards and passwords)

1. Supreme Court Decision 2009Do1530 Decided March 25, 2010, Article 40 and Article 50 of the Commercial Concurrent Crimes Act (the crime of transferring access media is established as one crime for each access medium. However, the act of transferring multiple access media in a lump sum is a case where multiple access media are used as a single act to commit a crime of violating the Act on Electronic Financial Transactions and thus, each crime is in a mutually concurrent relationship.

It is reasonable to interpret)

1. Optional fine;

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

1. Sentence of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: Punishment of 8 months of imprisonment: The person whose punishment is to be sentenced to a fine of 3 million won: The so-called "large passbook" created by the defendant is actually used to commit other fraudulent acts, and thus, the mitigated person is not minor: A confession, absence of criminal records of the same kind or type of imprisonment without prison labor or more, family members (six minor children), family members (six children), etc.;

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