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(영문) 대전지방법원 서산지원 2018.11.30 2018고단945
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, the Defendant received a proposal on April 2018, 201, stating that “When sending a e-mail card, the Defendant will repeatedly increase the credit rating by sending the e-mail card, and then will open the Masp Sppbook to lend the loan,” from a person who assumes the position of KB National Bank staff at the early and unsponed place.

A. On April 12, 2018, at a post office located in Seosan-si, Seosan-si, a post office sent one copy of the No.C. Card (Consolidated Account Number B) under Defendant’s name to the person who was infinite, and then inform the password;

B. On April 18, 2018, around Seosan-si, the Defendant sent a one copy of the Saemaul Depository Card (Consolidated Account Number D) under the name of the Defendant to the deceased through Kwikwikset Service, and then inform the password;

C. On April 20, 2018, in the vicinity of the Seocheon-si, Jungcheon-si, the Defendant sent one physical card of the National Bank in the name of the Defendant to the person in distress of his name through Kwikset Service, and lent the password to the access media upon receiving a promise for the issuance and payment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of warrant replies, account details, account details, and Acts and subordinate statutes to the National Bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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