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(영문) 수원지방법원 안양지원 2020.04.09 2020고정33
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend a means of access used in electronic financial transactions while promising the receipt of consideration.

Nevertheless, the Defendant received a proposal from a person who has not received the name, "to create a transaction performance and to borrow a loan," and accordingly, sent the cash card and password connected to the new bank account (Account Number: B) in the name of the Defendant at the Anyang-dong post office located in Anyang-dong in the name of the Defendant at the time of Ansan-si around 15:10 on June 12, 2019, using a new bank account (Account Number: B) in the name of the Defendant.

As a result, the Defendant promised to lend the means of access in return for intangible expectation interest that can receive future loans.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement to be prepared;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] 50,000 won to 20,000 won to 50,000 won to 200,000 won to be punished, so it is possible to commit other crimes, such as singing, etc. by lending the means of access to the financial media by a fine of 2,00,000 won to another person. Thus, the criminal liability for the crime of this case is not weak, but the defendant also has committed the crime of this case because he belongs to the person who is unaware of his name to borrow, has no actual gains, has no immediate financial account, has made efforts to prevent additional damage, such as making a report, etc.

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