logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.04 2018고단5941
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 borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, the defendant, who introduced himself as the "B agency", will use the e-mail card for the transaction of passbook for one week on the face of the lending, and give 4 million won in return.

From May 10, 2018, at around 15:00 on May 10, 2018, at the front of the defendant's residence located in Seo-gu Incheon Seo-gu, the personal compromise in the name of the defendant was delivered one head of the physical card connected to the two accounts through Kwikset Service Articles to the above person and notified the password of the above physical card.

Accordingly, the defendant agreed to receive compensation and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on internal investigation:

1. Application of Acts and subordinate statutes on the Kakao Stockholm conversation between the name influor and E;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The lending of the electronic financial transaction access medium with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act to the effect that it would undermine the stability and reliability of the electronic financial transaction and may be abused for other crimes such as singinginging fraud, etc. In fact, the fact that the victim of the crime occurred through the access medium leased by the Defendant is disadvantageous to the Defendant. The fact that the Defendant’s mistake is against the Defendant, the fact that the Defendant’s mistake is against the Defendant, and that it appears that the Defendant could not actually receive the payment for the lending of the access medium is favorable to the Defendant.

The above circumstances are as follows.

arrow