logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.03.19 2020고정161
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

In using and managing the means of electronic financial transactions, no one may lend the means of access, etc. while receiving, demanding or promising the payment, unless otherwise specifically provided for in other Acts, even if the Defendant received a proposal from a post office located in the east-gu, Gwangju, to the effect that “If he/she send a e-mail card, he/she may create a transaction performance and make a loan, and create a e-mail passbook,” from a person who is unable to know his/her name, he/she sent a e-mail card connected to the e-bank account (C) in his/her name to a person with no knowledge of the above name and sent the e-mail card to him/her by telephone, and on November 21, 2019, the Defendant sent the e-mail card to a person with no knowledge of the identity of the above e-mail card from a person who was unable to know of the name at the above post office, and received the e-mail card from a person who was connected with the above e-mail account and notified him/her of the password.

As a result, the Defendant promised to lend the means of electronic financial transactions in return for the intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A detailed copy of each case, passbook copy, and copy of each specification of transactions as a result of the transfer management;

1. Application of Acts and subordinate statutes to a criminal investigation report (the receipt of a registered mail and attachment of details of telephone conversations), report on internal investigation (the amount of damage);

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Lending the means of access with the reason for sentencing under Article 334(1) of the Criminal Procedure Act to the provisional payment order is a means of another crime.

arrow