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(영문) 대구지방법원서부지원 2020.11.06 2020고단683
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

1. The Defendant, at the end of February 2019, listened to the statement that he was aware of at the end of B Bank Account through C, “on the basis of lending 400,000 won each month, if the account is required,” and then sent a photograph of the security card connected to the said account by informing the account holder of the account number, Internet banking ID, and password in the name of the Defendant’s name in the name of B Bank Account (D), and sending a photograph of the security card connected to the said account.

As a result, the defendant promised to pay compensation and lent the means of access to his name in return.

2. Around March 6, 2019, the Defendant, at the E Bank account, informed that the Defendant cannot raise the limit of one-day transfer from the bank account under the above Paragraph (1) by raising the limit of one-day transfer to the bank account, and that the Defendant was not able to raise the limit by opening the above-day transfer account in a non-facel account, and that said, the Defendant demanded that the Defendant lend another account.

On March 6, 2019, the Defendant sent a photograph of the E bank account (F)’s account number, Internet banking ID, and password to the person who was named in the name of the Defendant, and sent a photograph of the security card connected to the said account, using the Kakakao Stockholm message at a non-place on March 6, 2019. On the same day, the Defendant received KRW 150,000 from the G bank account in the name of the Defendant

Accordingly, the defendant received compensation and lent the means of access to his name.

Summary of Evidence

1. The police statement of the defendant with respect to the defendant's legal statement C, report on internal investigation (in response to the provision of communications data), report on the account transfer (in the name of a suspect B bank and E bank account transaction details), account transaction details (B bank) and investigation report (in the name of a suspect), account transaction details (in the name of a suspect), investigation report (in the name of a suspect), investigation report (in the name of a suspect).

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