logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.09.12 2018고단3155
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, around March 30, 2018, the Defendant accepted the message that “an account is paid KRW 3,000,000 per week from the lease of the account” from a person in the name of the accused in front of the residence of the accused in Gangseo-gu Seoul, Gangseo-gu, Seoul, and loaned the access media by promising the Defendant to use a physical card connected with the D Bank Account (E) in the name of the Defendant C to the needy and to receive the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. A copy of the F Document;

1. Search and seizure inspection request and replies (information, etc. on an application for bank transactions and details of transactions);

1. Details of transfer of accounts by victim F;

1. G dialogue content;

1. Application of statutes governing the content of text messages;

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant did not know even during the period of suspension of execution, committed the instant crime, and was punished by a fine for other crimes during that period.

The crime of this case is not a good crime because it lends the access media that can be used for the so-called phishing crime or the Internet fraud crime.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

Considering the above unfavorable circumstances, whether the defendant should be punished with strict punishment or not, but the defendant himself.

arrow