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(영문) 대구지방법원 서부지원 2019.09.27 2019고단34
전자금융거래법위반
Text

1. Defendant A shall be punished by imprisonment for three months.

However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person may lease or borrow any cash card, password, passbook, etc. necessary for using the cash card, which is the means of electronic financial transactions issued by a financial institution, by receiving, demanding, or promising to borrow such card;

Nevertheless, around September 21, 2018, the Defendant, through a mobile phone from an influorial point of the Daegu or lower-gu mobile phone, called the Defendant to the effect that “in the event that he sends a check card and informs of the password, he would have the transaction performance accumulated in a way of drawing up the transaction records and get a loan of KRW 6 million, and would return the check card upon the execution of the loan,” and sentenced the Defendant to the account in the name of the Defendant.

On September 27, 2018, at the D convenience point located in Daegu-gu Office C, Daegu-gu, the Defendant sent one check card connected to the E UnionF account under the name of the Defendant to the name poor, and G sent the password of the said check to G.

As a result, the Defendant promised the means of electronic financial transactions in return for the intangible expected interest of future loans, and lent them to the name-in-fact party.

2. No person shall transfer or acquire a means of access for electronic financial transactions;

Nevertheless, the Defendant, on March 2018, under the contact with the non-resident of Daegu and below, called “to offer money from a person in charge of a liquor company, who is in need of another person’s name in order to have the tax reduced or exempted,” and in response to this request, the Defendant’s account under the name of H is opened to the following purport: “A corporation was established under the name of the Defendant, a business operator was registered, and a physical card was sent by opening an account under the name of H, and one million won per account would be given if the password was notified.”

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