logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.25 2018고단1997
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or acquire any access medium used in electronic financial transactions.

On December 6, 2017, the Defendant received a proposal stating that “The Defendant sent one copy of the check card in the name of the Defendant,” from a person who was in a name-free mind, to open a transaction performance passbook by piling up transaction records.”

Although the defendant knew that the above method of loan was made by an abnormal and illegal method, he did not at all confirm the personal information of the above person, the place of work, etc., and the defendant did not at all determine the time, place, and method of returning the check card sent by the defendant, and the response method was not determined in case of not returning as well as the time, place, and method of response. In addition, the defendant had experience of being suspended from indictment due to the crime of the similar crime in this case on December 29, 2016.

Therefore, even if the defendant sent the physical card under the name of the defendant to the above person without his name, he was fully aware that he would not use the above physical card in mind for the illegal purpose.

Nevertheless, the defendant accepted the proposal of the above person without his name, and transferred the physical card to the above person without his name through Kwikset Service, which was linked to the company bank account (C) in front of the company bank account in the name of the defendant before the middle trading complex in the territory of the Republic of Korea, Nam-gu, Incheon Metropolitan City on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Application of Acts and subordinate statutes governing deposit verification;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is transferred to a person under the name of the defendant on the condition that the defendant takes out a loan. The above crime is an access medium such as the physical card, etc.

arrow