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(영문) 울산지방법원 2015.09.10 2015고정910

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity of users and the details of such transaction.

On August 2014, the Defendant was proposed to lend money to the Defendant when sending the passbook from a person with no name to his/her name.

The Defendant had previously sent the passbook and cash card in order to obtain a loan by such a way as above, and had experience in getting the loan and being returned to the passbook, etc., so the Defendant thought that even if sending the passbook and cash card to the above-mentioned person, it may not be returned.

Nevertheless, at around 10:00 on August 12, 2014, the Defendant transferred the means of access to electronic financial transactions, such as the cash card in the name of the Defendant, to the named Busan Bank Account (E) through Kwikset Service.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to customer basic information inquiry (A);

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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;