logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.10.11 2018고단4045
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium of electronic financial transactions.

On March 13, 2018, the Defendant received a proposal stating that “The Defendant would pay KRW 3,80,000,000 if he/she borrowed a physical card from his/her name in front of the Defendant’s workplace building located in Yeongdeungpo-gu Seoul Metropolitan Government, and around March 13, 2018, issued a physical card (Account Number (C) and an OTP card to the above person in the name of the Defendant through Kwikset Service Articles and notified him/her of the password, and received KRW 40,000,000 from the Defendant’s account in the name of Han Bank.

Accordingly, the defendant paid the price and lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and statement of D, E, and F;

1. Each statement of transfer and details of transfer;

1. Details of each transaction, reply data, and details of the agricultural transaction;

1. Details of conversation between North Korea and French suspects, and the details of text messages sent and received with suspects at the time of transfer of the access medium;

1. Application of the Acts and subordinate statutes governing the one bank account in the name of A used at the time of remittance of proceeds after transfer of an access medium;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the relevant criminal facts and the selection of a fine for the option of punishment;

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

1. The act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

In addition, the defendant acquired 400,000 won as a criminal act.

However, there is no criminal record against the defendant, and the motive and motive of the crime.

arrow