logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.04 2018고단2091
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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

On December 2, 2017, the Defendant would lend a physical card to the police officer from the company of the company of the company of the company of the company of the company of the company of the company of the company.

On December 19, 2017, at around 16:40 on December 19, 2017, the Defendant issued a personal bank account (D) and lent a accessible medium with the personal identification number known to the non-member of the Defendant before the convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (the detailed statement of transactions and written confirmation of the results of transfer related to the amount damaged), investigation report (the results of execution of a warrant of search and inspection of seizure);

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 of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium to receive a promise, and not only disrupt the reliability and safety of electronic financial transactions, but also can be abused as a means of crime using an access medium. Therefore, there is a need to punish the Defendant.

The Defendant's access media seems to have actually been used for the phishing crime, etc., and the damage is likely to occur.

The criminal act of phishing, etc. is a serious crime of which the applicable law is organized, planned, and in a short period, the massing of unspecified victims is becoming a big social problem. The criminal act of the defendant who provides the means of the crime has a social justification for the strict punishment.

The defendant has a history of criminal punishment twice.

However, the defendant is not guilty.

arrow