beta
(영문) 서울중앙지방법원 2020.08.13 2020고정801

전자금융거래법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person shall lease or borrow any cash card, password, passbook, etc. necessary for the use of the cash card and the cash card issued by a financial institution while receiving, demanding or promising the price therefor.

On October 14, 2019, the Defendant, at the Defendant’s house located in Dongjak-gu Seoul Metropolitan Government (Seoul Metropolitan Government) around October 14, 2019, called the Defendant’s cell phone to the effect that “if you send a check card and notify the password, you will have the transaction performance accumulated up to KRW 10 million by means of paying in and withdrawing the card, and if the loan is executed, you will return the check card,” and read the account under the Defendant’s name at a bar.

At around 13:00 on October 16, 2019, the Defendant sent one physical card connected to the Defendant’s new bank account in his name to Kwikset Service, and sent the above physical card password to Kwikset message.

As a result, the Defendant promised the means of electronic financial transactions in return for the intangible expected profit of receiving future loans, and lent the means of electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each reply letter;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

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. The circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that there is no profit gained by the defendant through the crime in the judgment, the fact that the loan to raise a living fund was discovered, and the circumstance that it was an initial offender who has no record of punishment is unfavorable: The crime in the instant case requires the defendant to obtain a so-called "work loan", and the personal card is opened to the person who has no record of name.