beta
(영문) 서울중앙지방법원 2019.05.15 2019고정84

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, around July 24, 2018, the Defendant: (a) received a proposal from a mobile phone from a person who was not the deceased; and (b) delivered a physical card, which is a means of access connected to the name of the Defendant’s bank account (Account Number: E) and a copy of the physical card, which is a means of access connected to the Defendant’s name bank account (Account Number: G) on the front side of the “C” located in Seocho-gu Seoul, on July 26, 2018.

Accordingly, the defendant committed an act of lending the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A copy and a written statement of the I;

1. A deposit statement and reply to the provision of financial transaction information to the D Association;

1. Photographs of the details of transfer;

1. Application of Acts and subordinate statutes to a criminal report (a warrant of seizure, search, and inspection shall be attached to a warrant 2018-10364);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;