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(영문) 부산지방법원 동부지원 2019.11.29 2019고정521

전자금융거래법위반등

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

1. No person who violates the Electronic Financial Transactions Act shall lend the means of access for electronic financial transactions while demanding or promising to receive any consideration;

Nevertheless, around August 22, 2018, the Defendant listened to the statement that “to obtain a loan” from a nameless person who misrepresents B staff member, the Defendant issued an OTP card of the Defendant’s corporate bank (D) account in the vicinity of the Geumcheon-gu Busan Metropolitan Government, on September 3, 2018, to a nameless person through a name-free person.

In return for the intangible expected interest of future loans, the Defendant promised to lend the means of access to his/her name in return for the intangible expected interest.

2. On September 18, 2018, the Defendant confirmed the details and balance of the transaction of the said company bank account through a mobile phone, and then withdrawn KRW 1,000,000 from the F Bank Return Dong Branch located in Busan Shipping Daegu to the Defendant’s above account using the check card at around 18:38 on September 5, 2018. From that time to September 6, 2018, the Defendant released KRW 3,60,000 in total as shown in the separate crime list from September 20:59 to September 20, 2018, and consumed it as entertainment expenses, such as the drinking value.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of the provisions of Acts and subordinate statutes to confirm transfer transactions, report on investigation (or relative investigation of victims), response data on corporate banks, investigation reports (related to embezzlement and criminal facts of A)

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (a means of lending access media), Article 355 (1) of the Criminal Act (a point of embezzlement) and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;