logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.10.31 2019고단2691
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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, around May 21, 2019, the Defendant accepted a proposal to the effect that “When sending a e-mail card to pay principal and interest, the Defendant will have the 300,000 won interest per month loaned to the 300,000 won interest,” from a person who misrepresented “B”’s employee C, and then sent a copy of e-mail card, which is a means of access connected to the new bank account (E) under the name of the Defendant, to the e-mail at the Chang Sea-gu in the next day.

Accordingly, the defendant provided a means of access with the promise to receive an intangible expected profit to implement the loan.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage;

1. A specification of transactions;

1. Application of Acts and subordinate statutes on dialogues;

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 damages have been realized.

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

arrow