logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.13 2020고단2593
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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around January 18, 2019, the Defendant received a proposal to the effect that “in order to obtain a loan, the personal identification code stored in the physical card should be checked,” and accepted it, and then sent a copy of the physical card connected to the bank account in the name of the Defendant to the non-resident using the mail in the Daegu-gu dong-dong-dong bank (hereinafter referred to as the “Seoul-dong bank”) around that time.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Detailed statement of the amount to be damaged, ACIF, and account transactions;

1. Application of the Kakao Stockholm statutes

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 sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

The defendant's crime is a crime that damages the safety of electronic financial transactions.

The means of access leased by the accused was actually used for the crime of fraud.

The defendant is recognized to commit a crime in favor of him.

There is no history of criminal punishment.

arrow