beta
(영문) 서울북부지방법원 2020.03.26 2020고정253

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

With respect to the use and management of a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in exchange for compensation, demand or promise, unless otherwise expressly provided for in any other Act.

Nevertheless, around 12:00 on September 27, 2019, the Defendant received a call from a nameless person to the effect that “to send a physical card that creates and lends transaction details.” On September 27, 2019, the Defendant lent a physical card connected to the Defendant’s account under the name of the Defendant in front of the Seongdong-gu Seoul Seongdong-gu Seoul Metropolitan Government Btel to a nameless person via a selective article.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Application of the statutes to the defendant's response to a request for provision of financial transaction information;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of 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;