(영문) 수원지방법원 성남지원 2021.02.10 2020고정1073

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줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2021.02.10 2020고정1073

전자금융거래법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer the access medium in using and managing the access medium.

From February 23, 2020 to around the 24th day of the same month, the Defendant transferred a physical card connected to the name in Busan Metropolitan City B to the D bank account (E) under the name of the Defendant, and informed the account number and password.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Partial statement of the defendant;

1. A written petition of the police suspect examination protocol and a certificate of deposit confirmation against the accused;

1. In case of the Defendant and his defense counsel’s assertion and determination of the investigation report (a search and seizure inspection warrant execution reply bank)

1. The summary of the argument is that the defendant only lent the defendant's physical card to the defendant without compensation, on the ground that he was aware of having a casino and going through the casino "to send money to the defendant, and because there is no currently available account, he will use the current physical card and return the physical card." The defendant's physical card should not be transferred to the defendant.

2. The following circumstances acknowledged by the evidence mentioned earlier, namely, (i) the Defendant was unable to know the Defendant’s personal information, other than the telephone number, on the part of the Defendant’s personal information, and (ii) the Defendant’s personal information was lent to that person; and (iii) if the non-member of the Defendant’s personal information was to receive deposits from his seat and to withdraw them, it would be consistent with the common sense to allow withdrawal during the cash withdrawal period; (iv) the Defendant informed another person of the account number and password along with his personal information; (iii) the Defendant was not in accord with the common sense; (iv) the Defendant failed to receive the Defendant’s personal information from his non-resident; and (v) the Defendant sought to cancel his personal information on February 24, 2020.

유사 판례

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-전주지방법원 2016.07.01 2016고단479