beta
(영문) 대구지방법원 안동지원 2020.01.21 2019고단645

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

No person shall transfer a means of access used in electronic financial transactions.

Nevertheless, on January 28, 2019, the Defendant: (a) received a proposal from a person who is unable to know the name misrepresenting C’s name on the roads front of the permanent residence building B; (b) obtained a loan to KRW 30 million from a person who is unable to know the name misrepresenting C’s trust; (c) obtained a loan by sending the e-mail card; and (d) opened a e-mail card and a password connected to the D Association (E) account under the name of the Defendant by using the e-mail.

Accordingly, the Defendant transferred the means of access to a person who could not know his name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Transfer specifications, each internal investigation report, and application of Acts and subordinate statutes concerning details of transactions;

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

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

1. Provisional Payment Order: The sentencing reasons for Article 334(1) of the Criminal Procedure Act include the following: (a) Defendant’s lending of the electronic financial means of access to the instant case; (b) the background leading up to such lending; (c) the occurrence of the damage was not recovered; (d) the Defendant did not have the same criminal records; and (e) the Defendant recognized his mistake and reflects his depth; and (e) the Defendant’s age, character and conduct, intelligence and environment; (c) relationship with the victim; (d) motive, means and consequence of the crime; and (e) the circumstances after the crime.