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(영문) 서울남부지방법원 2018.09.13 2018고단3293
전자금융거래법위반
Text

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

In the event that the Defendants did not pay each fine, only 100,000 won.

Reasons

Punishment of the crime

1. Except as otherwise expressly provided for in any other Act, no person who intends to transfer or acquire any access medium in using and managing a e-mail card or password necessary for using the e-mail card or e-mail card, which is a medium access to electronic financial transactions;

Nevertheless, on February 21, 2018, the Defendant offered a proposal that “on the face of sending a physical card and informing the password, the Defendant would provide a loan to him/her of his/her name from his/her off at the convenience store near the Sinsi-dong, Sincheon-gu, Sincheon-si, Sincheon-si,” and then transferred his/her name to his/her off-line via Kwikset Service without any specific measure to receive a physical card after he/she is aware of the identity of the said lender, and without any specific measure to receive a return of the check.

Accordingly, the Defendant transferred the electronic financial transaction access media.

2. Except as otherwise expressly provided for in any other Act, no person who intends to transfer or acquire any access medium in using and managing a e-mail card or password necessary for using the e-mail card or e-mail card, which is a medium access to electronic financial transactions;

Nevertheless, around February 9, 2018, the Defendant received a proposal from a person who was infinite name prior to the opening of Dongdaemun-gu Seoul, Dongdaemun-gu, and transferred a physical card to a person infinite name via a non-resident without any specific measure to return the physical card after he/she is aware of the identity of the above lending business operator.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on financial transaction information;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: each of them.

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