beta
(영문) 대구지방법원 서부지원 2020.03.23 2019고단2694

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer the means of access to electronic financial transactions.

On April 22, 2019, the Defendant heard the statement from a person whose name is unknown that “to lend KRW 3 million after confirming the limit of the amount of the deposit, if he/she sent the cream card to the person who is unable to know of his/her name,” and without securing at all the guarantee method for receiving the same time cream card, he/she sent the cream card of the e bank account (F) to the person whose name is unknown through the creamble service, and notified the above person of the password’s phone number by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Details of entrance and departure transactions, and application of Acts and subordinate statutes governing the submission of data;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the recognition of and radius, the fact that there is no profit from the crime of this case, and the fact that there is no record of punishment);