beta
(영문) 수원지방법원 여주지원 2019.10.14 2019고단753

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 lend a means of access, promising any consideration.

Nevertheless, the Defendant: (a) received a proposal from a person who assumes a false name called “B bank C agency,” stating, “When sending a physical card, he/she will borrow a loan by stockpiling the transaction performance and return the physical card when he/she redeems the loan; and (b) around January 16, 2019, the Defendant sent one physical card connected to the account in the name of the Defendant to the e-bank (F) account in the Gyeonggi-si apartment guard office; and (c) issued Kwikset service article who sent the e-mail card to the e-bank account in the name of the Defendant; and (d) notified the password by telephone around January 17, 2019.

Accordingly, the Defendant promised to lend the means of access in return for the intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Certificates of confirmation and detailed statement of financial transactions;

1. Application of the reply statutes to requests for financial transaction information;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, assigned the means of access to a name-based financial transaction to obtain a loan. This was used as a means of telephone financial fraud crime, causing approximately KRW 3 million damage, and the damage has not yet been recovered.

However, the defendant seems to have committed the crime of this case by deceiving the telephone financial fraud crime organization, and the defendant has no profit from the crime of this case, and there is no record of criminal punishment against the defendant.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.