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(영문) 인천지방법원 부천지원 2018.03.30 2018고단14
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

On August 2, 2017, the Defendant introduced as the head of the CAD team at around 15:07, the Defendant: (a) from a person under whose name the name the Defendant received text messages, “to request the Korean staff to manage the casino-related funds of the Philippines.”

8. Around 16.m. “I will give KRW 300,000 per day for us.”

It received a proposal that "in case of sending a n'e card to verify the identity, 5 million won was inserted in the account, and it will be confirmed and returned by deduction."

On March 2017, the Defendant was aware that his account was used to commit fraud and had experience in suspending the use of his account, and that the connection account may be used to commit fraud when transferring the check card to another person.

그럼에도 불구하고 피고인은 2017. 8. 16. 20:00 경 부천시 E에 있는 자신의 주거지 앞에서 위 성명 불상자가 보낸 불상의 20대 중반 남성에게 피고인 명의의 국민은행 계좌 (F) 와 연결된 체크카드 1 장을 건네주고, 다음 날 위 성명 불상자에게 위챗으로 비밀번호를 알려주었다.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and investigation reports;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 of the same Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Lending media access to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act to the provisional payment order is tax evasion, Internet gambling.

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