logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.21 2018고단5427
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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium while demanding, demanding or promising the consideration in using and managing the access medium.

On February 2, 2018, the defendant, who was named as the first police officer, transferred a card to a sports earth company.

“On February 5, 2018, in exchange for the word “,” and on February 5, 2018, contact with the person under whose name the Kakakao was named, one million won would be paid if the Kakao card was lent for three to five days.

Around 17:00 on February 8, 2018, after receiving the proposal, “,” one head of the physical card linked to the national bank account (Account Number: C) in the name of the defendant in the name of the defendant at the office of the defendant in Gyeyang Gyeyang-gu, Incheon, and operated 302, was sent to the name in the name of the defendant through Kwikset service article.

Accordingly, the defendant lent the access media in return for the promise of compensation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of transaction details and replies to requests for provision of financial transaction information;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing under Article 62(1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) is leased with a promise to pay and an access medium. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. As such, there is a need for the punishment.

The defendant's access media seems to have been used in the crime of phishing fraud, etc., which actually iced the loan, and damage is likely to occur.

The Defendant made a statement to the effect that he was aware that he lent a private sports earth company access media, and the possibility of such criticism can be somewhat denied.

arrow