logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.11.26 2020고정449
전자금융거래법위반
Text

Defendant shall be punished by a fine of one 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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation.

Nevertheless, the defendant responded to the proposal that "if you inform the card number, CVC number, term of validity and password of the card to be used, you will increase the loan by expanding the details of transactions of admission and withdrawal."

On February 17, 2020, the defendant taken the front and back of the physical card, which is a means of access connected to the Agricultural Cooperative Account (B) under the name of the defendant, and sent it to the above person without the name of the defendant, and notified the password of the physical card.

Accordingly, the Defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (related to A under the nominal owner of the account);

1. Application of the Kakao Stockholm conversation content statute attached to the police interrogation protocol of the defendant

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. In light of the desire to obtain a loan for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the punishment corresponding to the criminal liability for the crime of providing the means of access to the person under whose name the victim has not been separately identified shall be determined by taking into account the fact that it appears not foreseeable until the circumstances that the means of access has been used as the Bosing tool, and that economic circumstances are difficult.

arrow