beta
(영문) 인천지방법원 2021.02.08 2020고정2163

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium, such as an electronic card or password, to which a transaction instruction is issued in an electronic financial transaction while receiving or promising the payment.

Nevertheless, the defendant extended a loan around June 2019.

“To make a loan by making a false entry into and departure from the account, if the bank establishes a corporation and issues a e-mail card connected to the establishment of an account under the name of the corporation, and then issues the e-mail card.

“The proposal received and accepted it.”

On August 29, 2019, the Defendant established B, the representative of Defendant, and opened B’s business registration certificate at the Incheon District Tax Office on September 2, 2019. On October 18, 2019, C Bank opened B’s corporate account (D) with B’s name, and then delivered B’s e-mail card, password, andOTP card connected to the said account in Nam-gu Incheon Metropolitan City, Nam-gu E.

Accordingly, the defendant paid the consideration for the loan to the third party and lent the approaching media.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. A written statement;

1. An investigation report (an investigation by counter party to the account in which the amount of damage is recovered);

1. The application of C Bank Response Data (B) Acts and subordinate statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts, the pertinent provision of the Act and the former Electronic Financial Transactions Act on the Selection of Punishment, etc., and the fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;