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(영문) 대전지방법원 2020.04.21 2020고정84

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, on September 2018, the Defendant received a proposal that “on the loan of an unused account, the Defendant would offer KRW 1 million per month,” from Madman B, and tried to transfer the means of access to the account opened in the name of the Defendant to another person.

Accordingly, around that time, the Defendant sent to B a passbook, check card, security card, and USB and password with an authorized certificate connected to the account of community credit cooperatives (Account Number: C) opened in the name of the Defendant in Seo-gu, Daejeon.

In addition, B around that time, the above means of access of the defendant against D in the Seosung-dong of Daejeon, and D paid KRW 3 million in return for the delivery of the means of access to the defendant until December 2018.

Accordingly, the Defendant transferred the above means of access to D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (person under suspicion A telephone conversations and evidence record Nos. 5);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Circumstances unfavorable to the Defendant: The means of access that the Defendant transferred to D through B had been used for the purpose of receiving compensation while committing a crime, such as violation of the Telecommunications Business Act.

The Defendant received compensation for the transfer of the means of access.

Circumstances favorable to the defendant: The defendant shall not have the same criminal records.

Recognizing and opposing the crime of this case.

The defendant means that he will use the kind of job offering B for legitimate business operation.