logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.10.31 2019고정1329
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on January 1, 2019, the Defendant received a proposal from a person who was deceased in his name and sent a physical card to withdraw the principal and interest for the repayment of a loan, and around January 12, 2019, the Defendant delivered one physical card connected to the account of the National Bank (C) in the name of the Defendant through the Kwikset service article with which his name cannot be known in front of the Kwikset service room (C) around 12:00 on January 9, 2019.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of transactions of automation machinery and the Acts and subordinate statutes on dialogue data;

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 under Article 334(1) of the Criminal Procedure Act requires strict punishment on lending the means of access to the means of sentencing under Article 334(1) of the Criminal Procedure Act by causing serious social harm, such as impairing the general trust in financial transactions and the security of financial transactions, and using it for licensing crimes.

However, the Defendant appears to have known that his account was used for the singishing crime, and did not receive the consideration due to the instant crime.

Also, there are circumstances to consider the circumstances leading to the instant crime by deceiving a person who has not been killed in name.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, environment, motive means of crime, circumstances after crime, etc., and the overall sentencing conditions shown in the argument

arrow