logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.03.28 2019고단702
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

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 while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around 12:32 on October 15, 2018, the Defendant: (a) received a communication from a person without a personal name, that “on the face of lending a card to be used to withdraw virtual currency earnings from the name of the car and to avoid imposing taxes, KRW 100,000 per day”; (b) agreed to lend a check to a person with a personal name in arrears and to receive money; (c) around November 22, 2018, the Defendant sent a check to a person with a personal name in front of the Cmaart located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (d) one check card from each of the D Bank accounts (E) and F Bank accounts (G) with Kwikkset Service.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer with H (including attached documents);

1. A investigation report (verification of a bank check with an additional loan made by Account Name A);

1. The responseed financial information;

1. A copy of an application for transaction or an application for transaction in the F Bank account;

1. Application of Acts and subordinate statutes to the output of the I conversation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The lending of the means of electronic financial transactions with a consideration given for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as it impairs the stability and reliability of electronic financial transactions and it could be abused for other crimes, such as singinging, fraud, etc. In light of the contents of the proposal by the non-member of the means of access, it appears that the possibility that his means of access will be used for other illegal purposes could have been predicted, and the Defendant lent a number of means of access.

arrow