logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.12.11 2018고단1579
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, on August 2017, if the defendant sent a physical card to his/her name from a person without his/her name and notified his/her password, he/she would be able to get loans of KRW 28 million to 4% interest by regulating credit rating.

If a person obtains a loan, he/she shall return the check card three days after the loan.

“On contact, the Defendant’s account in the name of the Defendant was expressed in a way that enables to keep the account.

In the vicinity of the defendant's company located in Daegu Suwon-gu B, the defendant sent a physical card connected to the post office account (C) under the name of the defendant to the name in the name of the non-party and notified the password of the above physical card by telephone.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage;

1. Application of Acts and subordinate statutes to certificates of deposit transactions;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act is abused as a means of other crimes, and the fact that actual damage has occurred due to the crime committed using the instant access medium leased by the Defendant, it is necessary to punish the Defendant solemnly.

However, in full view of all the circumstances, such as the fact that the defendant recognized his mistake and did not repeat the crime, the first offender, the economic situation is difficult, the circumstances of the crime, etc., the sentence is ordered as ordered.

arrow