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(영문) 서울북부지방법원 2015.12.02 2015고단3367

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access for electronic financial transactions;

Nevertheless, around December 5, 2014, the Defendant offered a proposal that he would lend money to a person with no personal standing in the name of Dongdaemun-gu Seoul and the Defendant’s residence, and sent Kwikset Service Articles that he sent. Around that time, the Defendant issued a bank account (C), password, and a physical card connected thereto under the name of the Defendant.

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

2. Following the transfer of the account of community credit cooperatives, passwords, and physical check card to a person who was named in his name, the Defendant visited the “community credit cooperatives” located in 25-gil-7 at the Dongdaemun-gu Seoul session on December 9, 2014, and confirmed that “6 million won was deposited in the said account nine times through nine times,” and even though he was aware of the fact that the said money was used in the crime, the Defendant was confirmed that 3.6 million won was additionally deposited in the said account, and was able to withdraw it and arbitrarily use it.

The Defendant, on December 9, 2014, has been in custody of 3,600,000 won deposited as above for a victim’s name in favor of the above account holder. On December 9, 2014, the Defendant, upon cancelling the passbook, embezzled by voluntarily withdrawing the above KRW 3,60,000,000 from the 3,60,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to certified copies of deposit certificates, details of transactions by account, investigation reports (the CCTV screen of the amount of damage withdrawn), investigation reports (the confirmation of related cases), investigation reports (the confirmation of transfer place, such as passbook, etc.);

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (in the case of transfer of means of access) regarding criminal facts, the pertinent provision of the Act on Criminal facts, the selection of punishment, and Article 355 of the Criminal Act.