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(영문) 대구지방법원서부지원 2020.10.16 2020고단308

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer the means of access to electronic financial transactions.

1. On January 3, 2019, the Defendant: (a) heard from a person whose name is unknown on or around January 3, 2019, the Defendant sent the physical card of the Defendant’s bank account (D) to a person who was unable to identify, for the purpose of paying a certain percentage of remittance from the transfer of money deposited into the account; and (b) holding that if the check card is sent, the previous account would be partly subject to the suspension of transaction and/or payment of penalty for any money not remitted; and (c) without securing any means of guaranteeing the right to receive a return of the check on the same day, the Defendant sent the physical card of the Defendant’s name bank account (D) to a person who was unable to know his name by using the cargo delivery service; and (d) informed the said person of the password’s password to a Kakao x message.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

2. On January 7, 2019, the Defendant: (a) heard from a person whose name is unknown on or around January 7, 2019, the Defendant sent the physical card of the Defendant’s name bank account (F) to a person who was unable to identify, for the purpose of paying a certain percentage of remittance from the transfer of money deposited into the account; and (b) hearing the statement to the effect that “on the receipt of the check card, if the Defendant sent the money deposited into the account, he would bring part of the penalty for the money not remitted after the transaction was suspended; and (c) without securing any means of guaranteeing the right to receive a return of the check on the same day, the Defendant sent the physical card of the Defendant’s name bank account (F) to a person who was unable to know by using the cargo delivery service; and (d) informed the said person of the password to the said person via a Kakaoox message.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. The defendant's legal statement is submitted to the suspect's account;