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(영문) 서울남부지방법원 2019.08.12 2019고단1223
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

On December 2, 2018, the Defendant received a telephone call from a person without his/her name to the effect that “the account to be used in connection with the tax of a liquor company is required to be used, and that he/she will offer the fee amount of KRW 1,50,000 per day on the face of leaving from an account under his/her name.” In response to the proposal, the Defendant was willing to lend the means of access in the name

At around 10:00 on December 28, 2018, the Defendant, using Kwikset Service, sent one physical card connected to the bank account (D) under the name of the Defendant to the above party, and notified the account password by telephone.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The defendant's statement [it is based on the statement written by the defendant, however, that the defendant was to use the card and password as a transaction passbook from the person who is the head of the liquor company's team "to use it as a transaction passbook, to use the card and password," and when he was to receive 1.50,000 won per day when he was to collect the fee, he was to receive her body card and password at a part-time fee. According to this, the defendant was to have another person use her body card, and she was to cut off her body card and password. The defendant was to have a third person use her body card and password before commencing the work, and sent her body card and password to the other party who was not aware of it using Kwikkset Service, the above 1.50,00 won can be sufficiently recognized as being paid for the use of her body card as above. Accordingly, the defendant and the defense counsel who denies this.]

1. The E petition and the transfer receipt;

1. Application of Acts and subordinate statutes to investigation report (AC Bank account search and seizure result);

1. Relevant Article of the Act and the Electronic Financial Transactions Act concerning criminal facts and the choice of punishment;

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