beta
(영문) 서울중앙지방법원 2014.09.25 2014고정3471

전자금융거래법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or take over a cash card or a passbook attached with his/her belt (a password necessary for the use of a cash card, a user number registered with a financial institution or an electronic financial institution), etc., or establish a pledge, lease or take over such means of access in return for compensation, arrange the lending or taking such means of access, etc.

Around November 28, 2013, the Defendant received 200,000 won from a person called “B” to “be provided with KRW 2 million if he/she lends the passbook in one month,” and received two million on the condition that the head of the passbook is created and sent.”

On the same day, the defendant sent one passbook (Account Number C) passbook in the name of the defendant through Kwikset service article to the above B, No. 3, the back frame of the new post office in Gangnam-gu Seoul, Gangnam-gu, Seoul, through Kwikset service article.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written petition of D;

1. Application of Acts and subordinate statutes on the details of financial transactions;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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;