beta
(영문) 광주지방법원 2019.01.25 2018고단4387

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall lend any means of access, such as an electronic card, password, etc. used to issue a transaction request or to secure the authenticity and accuracy of the details of the transaction with users and information thereon in electronic financial transactions, upon receipt, request or promise of the price therefor.

Nevertheless, on June 2018, the Defendant received a proposal from the deceased and Felman to the effect that “the bank account to be paid for the operation of a construction company is required, and if the account is lent for three days, 1.5 million won shall be awarded if the account is lent for three days,” and then accepted the proposal. On June 25, 2018, the Defendant sent the physical card connected with the Defendant’s name Cbank account (D) in the “Mat” front of the B apartment in Gwangju Northern-gu, Seoul, in accordance with the order of the deceased and wounded.

As a result, the Defendant lent a means of access used in electronic financial transactions to receive, demand or promise the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of the transfer of funds;

1. Application of Acts and subordinate statutes to a warrant of search, seizure and verification;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of a selective fine for punishment (including the details and details of the crime committed, the profits acquired, and the fact that there is no record 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;