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(영문) 서울서부지방법원 2020.01.21 2019고단3408
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, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

On August 29, 2019, the Defendant: (a) received a proposal from a name-free person who assumes the “C Proxy” of the Bank “B bank; (b) it is possible to open a low interest rate business loan; (c) however, there is no transactional record; (d) it would make a loan by creating a result of transactions using and withdrawing money from a bank account; (e) it would send a e-mail card and password to our company; and (e) used the e-mail card and password in order to obtain a loan.”

At around 16:00 on September 5, 2019, the Defendant sent Kwikset Service Articles, who sent name-based winners, one physical card connected to the E-bank account (H) to Kwikset Service Articles in Yongsan-gu Seoul, Yongsan-gu, and notified the name-based winners of the password by telephone.

Accordingly, the Defendant loaned the means of access by demanding or promising the above compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A copy of each passbook of the E bank, such as dialogues, personal financial transactions, certificates of deposit transactions, etc.;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that lending of the means of access for electronic financial transactions is likely to be used as a means of other crimes, and in fact, it is necessary to strictly punish the act of lending the means of access for electronic financial transactions. The actual issuance of the crime of singing using the instant scam card (a total of 3 victims and 17 million won) is made on the one hand, and confession and reflects it.

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