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(영문) 인천지방법원 2017.10.12 2017고단5475
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On March 21, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Electronic Financial Transactions Act in the support for the development of sources of revenue and expenditure.

[Criminal facts]

1. No person shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;

The defendant was aware that the above punishment had been imposed and the transfer of the physical card to another person would be used for the crime.

Nevertheless, on April 7, 2017, the Defendant extended three million won after raising credit by repeatedly accumulating financial transaction performance when sending a physical card from a person who has no name to the name of the Defendant.

“A” promise was received and sent to the Defendant’s office, through Kwikset Service Articles, the name infinite and the password was sent to the name infinite and the telephone number, via Kwikset Service Articles.

Accordingly, the Defendant, even though being aware of being used in the crime, lent a accessible medium to a nameless person.

2. No person shall borrow or lend any access medium, or keep, deliver or distribute any access medium while demanding, demanding or promising the consideration;

On the 11th day of the same month, the Defendant received KRW 3,00,000 on condition that he lends a e-mail card between one month at the above location, and, through Kwikset Service Articles, lent the access media of financial institutions with a promise to pay for the e-mail by reporting the e-mail card to the name in the name of the Defendant through Kwikset Service provider and informing him of the password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Search warrants and replies to cooperation in investigation;

1. Notice of the receipt of deposit confirmation, the details of conversations with four rates, and the current status of financial transactions;

1. A’s bank account passbook;

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