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(영문) 대구지방법원 서부지원 2016.11.11 2016고단1489

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

"2016 Highest 1489"

1. On April 2016, the Defendant was urged to transfer the means of access to electronic financial transactions by holding a phone from a person without his/her name to the effect that “to open a passbook and give him/her a password and obtain a loan if known.”

On April 24, 2016, between April 25, 2016 and the 25th day of the same month, the Defendant sent Kwikset through Kwikset service the passbook connected with the Defendant’s name’s new cooperation account (C) at the Defendant’s house located in Daegu-gu B, Daegu-gu, and then notified the name needy person of

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

"2016 Highest 1584"

2. On June 2016, the Defendant was urged to transfer the means of access to electronic financial transactions to the effect that “the Defendant would open a passbook and give a password and get a loan if he/she knows the password, etc.” by telephone from a deceased policeman on his/her name.

On June 2016, the Defendant sent the passbook, physical card, and passwords, written on the side, connected to the Defendant’s mother’s new cooperation account (E) in his name at the office of the Defendant in Daegu-gu Seocho-gu, 2016, through Kwikset service.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each petition or statement of F, G, H, I, and J;

1. The application of the statutes on the submission of transaction information and reply materials to warrant execution by suspects A;

1. Relevant Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;