(영문) 대전지방법원 천안지원 2019.08.28 2019고단1484

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2019.08.28 2019고단1484

전자금융거래법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall borrow or lend a means of access while using and managing the means of access.

At around 11:40 on May 7, 2019, the Defendant intended to gambling and exchange money via a phone from a person who was not the name of the Defendant, with the intention to use a traffic flow in B and make profits therefrom. Upon receiving a proposal from the Defendant, the Defendant: (a) borrowed 10% of the deposit amount if he/she borrowed the check card; and (b) lent 10% of the deposit amount if he/she borrowed the check; (c) lent 1 physical card connected to the E bank account in the name of the Defendant to an employee who was sent by the deceased in the name of the Defendant in the name of the Nam-gu, Dong-gu, Seoul; and (d) notified him/her of the password.

Accordingly, the Defendant promised to receive compensation and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Documents and written statements of G;

1. Application of the transfer confirmation certificate, customer information inquiry table (A), and the details of entry and departure transactions (A)-related Acts and subordinate statutes;

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 sentencing ground of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order requires consideration of the following: (a) the occurrence of fraudulent damage by using the means of access leased by the accused; (b) the damage was not recovered; (c) the accused led to the instant crime; and (d) the accused is against himself/herself; and (c) the accused

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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