logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.03.20 2018고단2296
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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, on August 13, 2018, the Defendant received a call from a person without personal knowledge to the effect that he/she would pay 2.4 million won in return for the use of a 800,000 won per day of lending the e-mail card, and promised to receive 2.4 million won in return for lending the e-mail card on condition that he/she lends the e-mail card. On the same day, the Defendant lent the means of access by sending the e-mail card connected to the e-bank account in the name of the Defendant at the C Jeonju volcano business office located in B at the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on deposit certificates, replies, copies of bankbooks, and F dialogues;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the crime of transferring the means of access under the Electronic Financial Transactions Act is the means of other crimes, such as scam, etc., and the fact that the means of access provided by the Defendant was actually used for the actual crime is unfavorable.

However, considering favorable circumstances, such as the fact that the defendant did not gain actual profits due to the crime of this case, the fact that the amount of damage was returned to the victim of Bosphishing crime, the defendant did not have the same criminal record, and the fact that the defendant recognized his criminal act and is divided, the punishment as ordered shall be determined in consideration of various sentencing conditions, such as the defendant's age, character, behavior and environment

arrow