logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2019.10.29 2019고단436
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or 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 December 4, 2018, obtained a proposal from any person whose name had not been revealed, that “B Bank C is an agent for the lending company.” 7% per annum from KRW 10,000 to KRW 30,000. It is possible to grant loans from KRW 70 million per annum. The Defendant’s consent to the proposal that “it shall be transferred a post-paid card by raising credit rating by repeating entry and withdrawal due to the lack of credit rating.” On the same day, at around 16:00 on the same day, he/she notified the above person of each of the above C-paid cards connected to the Defendant’s name bank account (F) and the post-bank bank account (G) through a e-mail card connected to the Defendant’s bank account (G) and the e-mail card connected with the H bank account (I).

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of the details of damage transactions by K Bank and the statutes governing the copies of passbooks;

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

1. Articles 40 and 50 (Selection of Punishment 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 is that the defendant lent the electronic financial means of access in this case, the reason and number of times the defendant lent the means of access in this case (section 3), the fact that the defendant actually committed the singinginginginging fraud has occurred, while the defendant is the first offender, and the defendant recognizes his mistake and reflects his depth, and the defendant's age, character and conduct, intelligence and environment, and the victim.

arrow