logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.10.23 2019고단613
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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant, at around February 8, 2019, opened a Maspbook that can withdraw up to 50 million won by telephone from a person who misrepresented “B entrusted corporation Team C”. However, if the credit rating is low, the Defendant sent a physical card and password connected to the existing account because of low credit rating, he/she would increase the credit rating by doing gold transaction.” On February 11, 2019, he/she heard the word, and sent it by packaging one physical card connected to the DNA bank (E) account in the name of the Defendant at the Seosan-si Office in Seosan-si, Busan, Busan, and then lent the means of access to receive compensation by transmitting the password to F.

Summary of Evidence

1. Defendant's legal statement;

1. Documents and written statements of G;

1. Application of Acts and subordinate statutes to warrant answer materials and report internal investigation (Fogle submission);

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act that is disadvantageous to the sentencing of the provisional payment order: The lending of the means of electronic financial transactions can be abused as a means of other crimes as well as impairing the safety and trust of financial transactions.

The card lent by the defendant was used for the actual fraud crime.

The favorable circumstances: The defendant seems to have no benefit from the crime of this case.

There is no criminal record against the defendant.

Other circumstances, such as the age, character and conduct, environment, details of the crime, and circumstances after the crime, shall be determined as per the order.

arrow