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(영문) 인천지방법원 2017.11.24 2017고단7873
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium, or store, deliver or distribute it while receiving, demanding or promising to receive any consideration.

Nevertheless, around July 2017, the Defendant leased 3,00,000 won to the Defendant’s residence in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, on condition of lending the e-mail card for 5 days in front of the Defendant’s residence, and, through Kwikset Service Articles, leased the Defendant’s access media to financial institutions with a title-based card connected to the Defendant’s name-based bank account (C) and promising to notify the Defendant of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to damage reports and copies of deposits without passbook;

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

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

1. Article 334(1) of the Criminal Procedure Act provides for the amount of fine by taking into account the favorable circumstances for sentencing (such as the recognition of a crime, the violation of the law, the fact that there is no profit gained from the crime of this case, and the first offender). In addition to the above favorable circumstances, the amount of fine shall be determined by comprehensively taking into account the circumstances unfavorable to the defendant (such as the fact that the access media of the defendant lent was used for a crime), and all other factors of sentencing revealed in this case.

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