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(영문) 인천지방법원 2019.08.30 2019고단3737
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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, around December 2018, the Defendant received a proposal to the effect that “a large amount of rent comes out.... card will be lent for three days.... three million won will be given......” On December 22, 2018, the Defendant sent a physical card connected to the bank account (Account Number D) in the name of the Defendant in front of the Gyeonggi-si City, Gwangju-si.

As a result, the defendant promised to receive money and lent one copy of the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes on the details of withdrawal transactions, investigation reports, application for membership registration, and details of entry and departure transactions;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act for the provisional payment order is that the means of access leased by the accused is actually used for other crimes, and the liability for such crime is not less severe. However, the fact that the accused recognized the instant crime, the fact that there is no actual acquisition cost, and the fact that there is no criminal record other than a single fine, etc. are considered as favorable to the accused. In addition, the sentence is determined as ordered in consideration of the Defendant’s age, character and behavior, environment, circumstances before and after the crime, etc.

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