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(영문) 광주지방법원 순천지원 2019.02.14 2018고단1351

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person of "2018 Highest 1351" shall transfer any means of access.

Nevertheless, at around 11:30 on January 25, 2018, the Defendant transferred the means of access to financial institutions by sending the physical card and password of the D Bank Account (E) under the name of the Defendant to the C error-dong branch located in Guro-gu Seoul Metropolitan Government, by means of a selective distribution.

No person of "2018 Highest 1542" shall lend any means of access necessary for electronic financial transactions to any third person without justifiable grounds.

Nevertheless, on December 18, 2017, the Defendant received a proposal from a person who was unaware of his name to use and return physical cards, etc., which are linked to the Defendant’s name G bank account (Account Number H) at the opticalyang post office located in the opticalyang-si around the 20th day of the same month, and, accordingly, lent to the person who was unaware of his name the personal card, etc., which is linked to the Defendant’s name-based G bank account (Account Number H) at the Mayang-si post office located in the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the confirmation of transfer transaction, application for transaction, and account details;

1. Relevant Article of the Act on Criminal Facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (in cases of transferring access media), Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act (in cases of lending access media), and the choice of imprisonment with prison labor;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the Defendant was investigated into the transfer of deposit passbooks, check-up cards, etc. to another person by means of obtaining past loans and was subject to a disposition of suspension of indictment or suspicion, and thereafter, the Defendant was punished for a violation of the Electronic Financial Transactions Act.

Nevertheless, the defendant has committed another crime under 2018 Godan1542 at the same time, and again committed the crime under 2018 Godan1351 within the short period.