beta
(영문) 대구지방법원 2015.07.17 2015고정770

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person may transfer or acquire a means of access in using and managing the means of access.

Nevertheless, the Defendant, on September 24, 2014, proposed that he “on the face of lending the account, each one million won per week, and 4 million won per month,” from the needy person. Around that time, the Defendant sent a physical card connected to the account of community credit cooperatives (C) in the name of the Defendant in Daegu or under the name of the Defendant, to the above needy person by visiting the physical card.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes on deposit details, application form for deposit transaction, and details of deposit transaction;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the selection of fines;

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;