(영문) 서울서부지방법원 2019.01.30 2017고단3243

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(영문) 서울서부지방법원 2019.01.30 2017고단3243

전자금융거래법위반

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Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. In using and managing the means of access, no defendant A may transfer or take over the means of access, or lend or take over the means of access in return for promising to receive compensation unless otherwise specifically provided for in other Acts.

Nevertheless, around July 17, 2017, around 15:25, the Defendant, in front of the D building located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, sent the head of the Tong performance to him, “In order to provide a loan, the Defendant shall accumulate the head of the Tong performance. If sending the e-mail card, the Defendant would borrow the e-mail card after counting the transaction performance.” On the one hand, a e-mail card connected with the E-bank account in the name of the Defendant, issued a copy of Kwikset Service, and notified the password of the above e-mail card.

As a result, the Defendant promised to increase credit through false deposit collection transactions and to lend the means of access used in electronic financial transactions in return for intangible expectation interest that can receive future loans.

2. In using and managing the means of access, no one may transfer or acquire the means of access unless otherwise specifically provided for in other Acts, nor may he/she lend or receive the means of access in return for promising to receive compensation.

Nevertheless, at around 12:30 on July 18, 2017, the Defendant: (a) called from an independent bank office in Seodaemun-gu Seoul, Seo-gu, Seoul, to the effect that “a loan is made; (b) the head of the Tong performance should be accumulated; (c) if the Defendant sent the check, he/she will make a loan after counting the transaction performance of the process; and (d) one check connected to the H bank account in the name of the Defendant; and (e) one check connected to the H bank account in the name of the Defendant; and (e) one check connected to the name of the Defendant through Kwikset Service; and (e) the password of each physical card was notified.

Accordingly, the defendant will raise credit through false deposit and withdrawal transactions in the future.

유사 판례

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