logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.05.22 2019고단312
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 person shall transfer or acquire any means of access.

Nevertheless, around August 24, 2018, the Defendant sent a e-mail card to repay interest on the subject to the lending of KRW 4 million by telephone from a person who is an employee of the lending company B, who is an employee of the lending company. The Defendant, upon receipt of the proposal, intended to transfer the e-mail card connected to his/her own account. On August 27, 2018, the Defendant left the e-mail card connected to the e-bank account (F) in the off-si D convenience store located in Bupyeong-si, Seocheon-si, 2018, and caused the non-member of the e-mail.

Accordingly, the Defendant transferred the means of access to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. G victim registration statement;

1. Application of Acts and subordinate statutes on response materials including details of financial transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the act of transferring the means of access, such as the instant crime, is an act that facilitates various crimes, such as tax evasion, Internet gambling, and voiceing, and such social harm is serious.

The crime of this case led to the occurrence of Bosing damage, and the damage was not compensated.

However, it is against the fact that the defendant does not repeat again by recognizing his mistake, and that it seems that he did not gain any particular benefit from the crime of this case, and other circumstances shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, and related damage amount, shall be determined as ordered by the order, comprehensively taking into account.

arrow