logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.11.27 2020고단1177
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

No one shall provide any means of access used to make a transaction request in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction with or promise to provide or receive any consideration therefor.

Nevertheless, around December 3, 2019, the Defendant received a proposal from a name-free person who misrepresented the lending company's staff and consented to the purport that "on the face of sending a physical card, the Defendant will execute the loan", and then delivered a physical card connected to the Bbank (C) account in the name of the Defendant at the post office located in the Daegu Seo-gu, Daegu-gu, by means of registered mail, to the name-free person.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Application of the details of transfer of written statements made by the defendant in his/her legal statement, text messages, and data on reply to financial transaction information;

1. Relevant Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 2020 and enforced from August 20, 202), the selection of a fine for criminal facts, and the selection of a fine

1. The punishment shall be determined by taking into account all the following circumstances: (a) the reason for sentencing under Article 70(1) and Article 69(2) of the Criminal Act under the suspended sentence of Article 62(1) of the Criminal Act; (b) the confession and reflection of the accused for sentencing under Article 62(1) of the Criminal Act; (c) the first offender who has no record of criminal punishment so far; (d) the accused also committed the instant crime by deceiving the accused; and (e) the Defendant discharged the total amount of damage 6 million won to Bophishing victims after the indictment;

arrow