logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.31 2019고단2401
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 one may lend a means of access while receiving, demanding or promising any compensation for the use and management of the means of access.

Nevertheless, around November 16, 2018, the Defendant received a proposal from a person whose name is unknown to the Defendant’s residence in Jung-gu Incheon Jung-gu, Incheon, stating that “The individual account is required due to tax issues, etc. from liquor companies. To pay KRW 1,500,000 per page 1 on the loan of the e-mail card.” In response, the Defendant sent the e-mail card to a person whose name is unknown through Kwikset’s employees.

Accordingly, the Defendant promised to receive compensation and lent the means of access to others.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of Acts and subordinate statutes to the specifications of transfer transactions, details of transactions by account, and written confirmation of electronic financial transactions;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed on the grounds that the defendant was paid the consideration and lent the check card to his/her name impaired. As such, the crime of this case can be used for another crime with great social harm, such as scaming, etc., and its nature is not very good.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The defendant has no record of criminal punishment for the same crime prior to the instant case.

arrow