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(영문) 대구지방법원 서부지원 2016.09.01 2016고단1394
전자금융거래법위반
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

【Criminal Power】 On April 14, 2016, the Defendant appealed eight months from the Daegu District Court’s Branch Branch of Port Area to be sentenced to larceny, and is still pending in the appellate trial.

【No person of a crime” shall borrow or lend a means of access for electronic financial transactions while receiving, demanding or promising the payment.

Nevertheless, the Defendant, through a mobile phone text message on December 2015, 2015, received from a person who was unaware of his/her name, a contact to the effect that “If a person opens a passbook and provides a password, 700,000 won per day, and then return it after using it for 3 days.”

At the end of the same month, the defendant promised to receive 2.1 million won from the defendant's house located in the north-gu S at the end of the same month through telephone, and notified the account number and password of the community credit cooperatives in the name of the defendant, and then sent the means of access for electronic financial transactions, such as passbooks and physical cards, connected to the above account, at the entrance of the Bosung apartment parking lot located in 70-30 in the same 70-30.

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police of U;

1. A receipt and a statement of transactions;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (a copy of judgment of the first instance court of a suspect) and other Acts and subordinate statutes;

1. Relevant Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts, the selection of fines (i.e., the confession and the attitude of reflecting it), and the selection of fines (i.e., the fact that the person appears to reflect it);

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

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

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