(영문) 수원지방법원 안산지원 2020.06.17 2020고단381

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(영문) 수원지방법원 안산지원 2020.06.17 2020고단381

전자금융거래법위반등

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

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that such means are to be used for a crime or to be used for a crime;

Nevertheless, on September 2018, the Defendant accepted the proposal that “if the Defendant transferred the refund money to operate an illegal sports earth site, he would pay KRW 150,000 to KRW 20,000 per day when he remitted the money to operate the illegal sports earth site. When sending the check for the purpose of fidelity guarantee, he would register personal information on the computer network, and make a false statement of entry and departure in the account linked with the e-mail card.”

On September 7, 2018, the Defendant: (a) around the first exit of the Seoul subway Seoul Metropolitan City, Gwanak-gu Seoul Metropolitan City subway access area; (b) opened a physical card connected to the account (C) in the name of the Defendant.

Accordingly, the Defendant knowingly lent the above physical card, which is a means of access, to be used in the crime.

2. The Defendant lent one copy of the physical card in the name of the Defendant to the needy person as set forth in paragraph (1), and then, 6 million won deposited in the account linked to the above physical card, and 700,000 won deposited immediately thereafter, and the relevant money was found to have been the cause of damage caused by the crime of fraud, etc., and then withdrawn and used it, the Defendant did not report the remaining money to the needy person.

On September 13, 2019, the Defendant withdrawn 70,000 won out of the balance of the said account at the F Bank door point located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and failed to withdraw the remainder, but did not withdraw the remainder.

As a result, the defendant withdrawn 70,000 won which is another's property and embezzled, and the remaining 4,60,000 won was not achieved and attempted.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant's protocol of interrogation of suspect D against the prosecution is attached to the statement of the police.

참조조문

-전자금융거래법

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