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(영문) 춘천지방법원 강릉지원 2014.06.26 2014고정81
전자금융거래법위반
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access in the use and management of a means of electronic financial transactions.

Nevertheless, around June 13, 2013, the Defendant transferred the cash cards and passwords of the NongHyup account (C) in the name of the Defendant from the admission to the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

Accordingly, the Defendant transferred the means of access for electronic financial transactions.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a written request for financial transaction information;

1. Article 49 (4) 1 of the Electronic Financial Transactions Act and Article 6 (3) 1 of the same Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant and his defense counsel on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the Defendant’s use of a means of access, such as cash cards, in order to obtain a loan, does not constitute “transfer” of the means of access prohibited under Article 6(3)1 of the Electronic Financial Transactions Act.

Even according to the statement made by the Defendant’s investigative agency and this court, the Defendant is obligated to borrow KRW 5 million from the lender who became aware of through the Internet. If the Defendant deposits interest and principal to the Agricultural Cooperatives (C; hereinafter “the instant account”) under his own name by means of payment of interest and principal, the Defendant provided that the borrower would seek by using the cash card, etc. in the name of the Defendant that the borrower received in advance from the Defendant. Accordingly, the Defendant issued the cash card, etc. in the instant account (hereinafter “the instant means of access”) to the borrower.

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