logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.01.30 2019고단3340
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall issue a transaction request in electronic financial transactions or lend a means of access used to secure the authenticity and accuracy of users and the details of such transaction at the same time.

Nevertheless, around July 22, 2019, the Defendant introduced himself as the employee of the lending company from the name badist who was named “10 million won. To receive the loan, the Defendant sent pictures of the bank to B. If it is necessary to provide security in preparation for the failure to pay the loan, then the Defendant will provide the loan.” Upon receipt of the proposal, the Defendant sent the e-mail card connected to the Defendant’s E-bank account (F) in Kimhae-si, and then notified the name badist person of the e-mail card B of the password number.

Accordingly, the Defendant promised to pay for, and lent the means of electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Data on replys to a financial account book and details of transactions;

1. Application of the Acts and subordinate statutes to photographs of text messages;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order was that the means of access leased by the defendant was used for the singing crime, and the secondary damage was realized.

However, in light of various circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's recognition of and reflects against the crime; (b) the criminal organization's deception and the circumstances leading to the crime; and (c) the primary offender without any previous conviction.

arrow