logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.05.20 2020고단545
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on August 1, 2019, the Defendant listened to the statement that “it is possible to lend KRW 10 million at the interest rate of 2% per month, but it is necessary to check whether the lending is possible, and so it is necessary to send the physical card.” On or around August 1, 2019, the Defendant sent the password of the physical card, which is the means of access to the Defendant’s name, at the Seocho-gu Seoul Metropolitan hotel, and the Cbank (D)’s account in the name of the Defendant, to the telephone, and issued the said physical card to the party in distress through Kwikset Service around 13:00 on August 2, 2019.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a certificate of transfer, etc.;

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. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act on the ground that the act of lending the means of access to another person is highly likely to be used as a means of other crimes, such as singing, etc. In fact, the fact that the instant scam card was used for the crime of scaming is against the accused, and there is no record of criminal punishment exceeding the fine, and there is no investigation conducted by an investigative agency for the same crime, and the fact that the scam card in this case was not anticipated to be used for the crime of scam, shall be considered as a favorable circumstance.

Defendant. Other defendant.

arrow