logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.08.22 2019고단1306
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

On December 19, 2018, the Defendant received the proposal that “I would give a loan if I send the e-mail card so that I would pay interest,” and around 18:30 on the same day, at the Defendant’s home located in Kimhae-si B, one e-mail card connected to the Defendant’s name bank account (D) through Kwikset service, and sent the e-mail of the above e-mail card to the non-known person.

Accordingly, the defendant committed an act of lending a means of access to others in return for an intangible expected profit of receiving future loans.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage and a statement on damage;

1. Application of financial transaction statement and deposit certificate 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant confessions and reflects the crime, and that the defendant is the first offender, etc. are favorable circumstances.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In particular, in 2012, insofar as the Defendant had a record of police investigation under suspicion of violating the Electronic Financial Transactions Act similar to the instant case, it seems that the Defendant would have anticipated that such act of lending the means of access can be abused for the crimes of Bophishing.

In addition, trials and records, such as the age, career, character and conduct, motive of crimes, and circumstances after crimes, etc.

arrow