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(영문) 대구지방법원 2015.05.12 2015고단311
전자금융거래법위반등
Text

1. The Defendants shall be punished by imprisonment for six months.

2.Provided, That with respect to Defendant B, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years of imprisonment for a violation of the Specialized Credit Financial Business Act at the Daegu District Court on June 27, 2013, and was sentenced to two years of imprisonment for a violation of the Specialized Credit Financial Business Act. On July 5, 2013, the above judgment was finalized on July 5, 2013. On October 24, 2014, Defendant B was sentenced to one year of suspension of execution on April due to a violation of the Establishment of Minimum Reserve Forces Act, and the above judgment was finalized on November 1,

Defendant A, around April 15, 2014, transferred the passbook to the needy party who committed a loan fraud and sent the passbook to him/her through Kwikset Service, by posting a telephone to the needy party who was not able to make a loan from the bank account in the name of the above Defendant, while sending the passbook to him/her. The Defendant A sent the passbook and the physical card connected to the post account (C) in the name of the above Defendant to the needy party.

Accordingly, the above Defendant transferred the means of electronic financial transactions.

"2015 Highest 417"

1. Defendant B’s sole criminal conduct, when the Defendant was offered to sell the cash card of the account of a financial institution from a person who was unaware of his name, he was aware that the passbook was used for committing a crime, such as a one-time showing, etc. by a person with no name, and, with the knowledge that the passbook, etc. was transferred to a person with no name to a person with no name, he was willing to withdraw the amount first, rather than the person with no name.

No person who violates the Electronic Financial Transactions Act may transfer or take over, or establish a pledge on, any means of access necessary for electronic financial transactions without special provisions in other Acts.

On April 14, 2014, the Defendant transferred the means of access by providing Kwikset Service in front of the mobile phone sales store operated by the Defendant in Busan-si, through Kwikset.

B. On April 16, 2014, the names of the victims of fraud shall be the full-time staff and the staff of the Financial Supervisory Service by calling the victim F at the victim F.

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