beta
(영문) 대전지방법원 공주지원 2014.08.12 2014고정55

전자금융거래법위반

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. On December 26, 2013, Defendant A received a loan on the entrance road of the Incheon Hyundai University. Accordingly, Defendant A transferred the means of access to electronic financial transactions by delivering a physical card under his/her name without identifying the personal information of the person who received the passbook without setting a specific time or place to receive the bank account, without having determined any other specific time or place to receive the bank account, and informing him/her of the password by telephone.

2. On December 2013, Defendant B transferred the means of access to electronic financial transactions by means of delivering the passbook to the party who was issued his agricultural bank account (F) and informing him of the password by telephone without setting a specific time or place to receive a loan prior to his own house, even though Defendant B received a proposal to obtain a loan prior to his own house, and without determining any other specific time or place to obtain a refund, Defendant B transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. A statement of transfer and a copy of passbook;

1. -The application of revolving (A), revolving (B) legislation

1. Relevant Articles and 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts and the Defendants’ choice of punishment: The Defendants shall be punished by a fine;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The crimes such as the transfer of the means of access to the instant case’s sentencing grounds for sentencing under Article 334(1) of the Criminal Procedure Act are likely to adversely affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by using the means of access, such as Bosing, etc.

In actual cases, the means of access leased by the Defendants was used for the crime of Bophishing fraud and the victim was inflicted.

In addition, the Defendants are going through several times.