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(영문) 인천지방법원 2017.04.12 2017고단604
전자금융거래법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium while receiving, demanding or promising any consideration in using or managing the access medium;

Nevertheless, during the period from August 6, 2016 to August 9, 2016, the Defendant is required to receive tax reduction or exemption from the name-free person.

If the head of the Tong lends the head of the Tong, 2.5 million won shall be paid in return for the use of the head of the Tong per week.

"Around August 9, 2016, on the roads in B of the cscamba in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon. Around 13:00, Kwikset service article, sent a physical card connected to the Defendant’s new cooperation account (D) through Kwikset service article, and lent a medium of access to electronic financial transactions to a nameless person by informing the account number and password using the Kakakao Stockholm.

2. The Defendant leased a e-mail card as set forth in paragraph 1, and knew that the account in the name of the Defendant entered the amount of damage, such as “scam,” etc., the Defendant, with knowledge that the money was deposited with the account in the name of the Defendant according to the Defendant’s application for the Smscam service, received the money from the account in the name of the Defendant and received it at his own discretion by withdrawing it.

On August 10, 2016, the Defendant: (a) informed on August 10, 2016, the Defendant, by deceiving a person in unsound name, deposited KRW 5 million in the new cooperative account under the name of the Defendant, and deposited KRW 5 million in the mobile phone of the Defendant; (b) immediately wired KRW 5 million to the agricultural bank account in the name of the Defendant using Internet banking and telebanks; (c) immediately wired KRW 5 million to five times in the name of the Defendant, using Internet banking and telebanks; and (d) embezzled KRW 4.69 million from the Nong Bank CD machine in Bupyeong-gu, Incheon Metropolitan City, Bupyeong-gu, Incheon on the same day by arbitrarily withdrawing KRW 12:0,00 from the date of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. The application of the Acts and subordinate statutes of replies (Investigation Records No. 217 pages)

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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