전자금융거래법위반
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
Except as otherwise provided for in Acts and subordinate statutes, no one shall lend any means of access to electronic financial transactions for consideration to any third person.
Nevertheless, around June 2014, the Defendant listened to the statement that “When sending a passbook and cash card, the Defendant would give KRW 10 million to the account holder for three months.” On the last day of Seocho-gu Seoul, the Defendant transferred the means of access by delivering a passbook (B), cash card, and password connected to the Defendant’s name to the account holder through Kwikset Service.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the defendant in the police interrogation protocol of the defendant;
1. Statement to C by the police;
1. Details of transactions in each account;
1. Application of Acts and subordinate statutes on account holder information (A);
1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act regarding criminal facts; Articles 49(4)1 and 6(3)1 of the same Act regarding the option of punishment; and the choice of fines [the same shall apply to the former Electronic Financial Transactions Act (amended by Act No. 13069, Jan. 20, 2015; hereinafter the same shall apply].
) The punishment for a violation of Article 49(4)2 and Article 6(3)2 is not permissible (see Supreme Court Decision 2015Do354, Feb. 26, 2015). However, the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence, i.e., ① if a defendant lends a passbook from a party who was unaware of his/her identity, he/she would give KRW 10 million for three months, without confirming personal information other than the telephone number of the other party, personal information of the other party, whether the other party actually exists, and whether the other party actually works, etc., the method or timing of receiving the above passbook, cash card, etc., through Kwikset Service. ② The defendant goes beyond the control scope of the defendant by informing him/her of the password while issuing the passbook, cash card, etc. to the other party.