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(영문) 대구지방법원 2017.09.14 2017고단3051
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium to use or manage any electronic card or other similar electronic information, certificate, password, or any other access medium in electronic financial transactions by requiring or promising to receive any consideration, unless otherwise provided for in any other Act.

1. On February 27, 2017, Defendant A received a proposal from a person who is working in the Dispute Resolution Co., Ltd. by telephone from a person who is not the name of the Defendant, and that another person’s account is necessary for savings purposes, and that he/she will give three million won per share on lease of the e-mail card, and consented thereto.

3.7. 17.45 around 17:45, on the front side of the “new town,” a two-lane, 14-1, a physical card connected to the Saemaul Treasury Account (Account Number:F) in the name of the Defendant, sent it to the name partner through Kwikwikset Service, and lent a medium of access to electronic financial transactions while promising compensation.

2. On March 2017, Defendant B sent one cash card connected to the company account (Account Number: G) under the name of the Defendant, to a third party’s account by telephone from a person in the name of the Defendant, and consented to the proposal. On March 13, 2017, Defendant B lent a cash card to a third party for the purpose of saving, and then lent a cash card access to electronic financial transactions through Kwikset to a third party through Kwikset Company’s account (Account Number: G) and to a third party for consideration.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on the results of electronic financial transfer, receipt, certificate of confirmation, statement of transaction by account, and copy of passbook;

1. The Defendants of the pertinent legal provisions and the choice of punishment for criminal facts: Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act.

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