beta
(영문) 대구지방법원 2019.01.23 2018고단5598

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, such as an electronic card used in electronic financial transactions and other similar electronic information, certificate, password, etc., borrow or lend a means of access while demanding or promising to receive compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around August 20, 2018, the Defendant received a proposal to the effect that “The e-mail card to be used for the purpose of tax reduction and exemption will be placed in 3 and 1,200,000 won each, if he/she lends the e-mail card to an employee of a liquor company for five days,” and then sent a copy of the e-mail card connected to the e-bank account under the name of the Defendant at the Defendant’s home of the Da-gu building C, Daegu-gu, Seoul, by using Kwikset on October 21, 2018.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Details of deposit transactions and reply to a warrant of search, seizure and verification;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Suspect A E-bank Transactions Statements);

1. Relevant Article of the Act on Criminal Facts, Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act, the choice of a fine ( Taking into account the fact that: (a) the defendant reflects his/her mistake; (b) there is no record of criminal punishment; and (c) it appears that there is no benefit from the crime of this case);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;