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(영문) 대전지방법원 2020.04.24 2020고정62
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall lend any means of access for electronic financial transactions with the promise of compensation.

1. On May 22, 2019, at around 16:10 on May 2, 2019, the Defendant heard the phrase “us will send a physical card to a personal lending company and lend money to a personal lending company if he/she is informed of the password,” and agreed, sent to G, who sent one copy of the e-mail card (number : d) connected to the account in the name of the Defendant’s name.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

2. On May 22, 2019, at around 17:00, the Defendant: (a) heard the phrase “us will send a physical card to an individual lending company and lend money to him/her if he/she is informed of the password” by telephone from the person who has no standing in front of the Seo-gu Daejeon H apartment; and (b) gave his/her consent, and (c) sent one copy of the IB card (number : No. D) connected to the account in the name of the Defendant to the account in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A copy of each protocol of suspect examination of the police in G;

1. Each police statement made to J;

1. Records and lists of police seizure;

1. The criminal place (in addition to a suspect), the investigation report, and the documents and images attached thereto;

1. Details of communications confirmation data, Cbank accounts and physical card holders' information and response data, mobile phone calls and text messages, details of financial transactions, Canadian dialogues;

1. Application of Acts and subordinate statutes, such as a fieldCCTV image photograph;

1. Article 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act and Article 49(4)2 of the same Act concerning criminal facts and the selection of fines.

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