beta
(영문) 서울서부지방법원 2019.02.19 2018고단4265

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

In using and managing a means of access for electronic financial transactions, no one shall borrow or lend a means of access while receiving, demanding or promising the payment, unless otherwise specifically provided for in any other Act.

Nevertheless, at around 09:37 on July 10, 2018, the Defendant received a text message stating that “the Defendant would use 15% of the total amount for three days if he lends an account to be used for the reduction or exemption of alcoholic beverages” from his name from his name in the French site, and accepted it. On July 23, 2018, the Defendant issued Kwikset Card connected to the Defendant’s name post office account (Account Number: E) to the Kwikset Service’s article through the Defendant’s name in front of the Seoul branch office located in Gangnam-gu Seoul Metropolitan Government, and the password was notified by telephone.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a bankbook, detailed statement of financial transactions, and provision of financial information;

1. Application of Acts and subordinate statutes to investigative reports (report on the attachment of text messages submitted by suspects on screen page);

1. Relevant Article and the choice of punishment for a crime: Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act [Incompetence] / The reason for sentencing under Article 334(1) [Incompetence] of the means of access lent by the defendant is used for telephone financial fraud crime and the damage was inflicted upon the defendant (negative] has no criminal interest;