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(영문) 창원지방법원진주지원 2020.08.12 2020고단903
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

On February 2, 2020, the Defendant: (a) reported a text message stating that the Defendant’s cell phone was “Apony loan”; and (b) contacted the Defendant with the name partner, telephone, and Kakakao Stockholm, who introduced himself as the borrower’s employee.

Around that time, the Defendant heard the speech that “I wish to obtain a loan, I shall send the identification card and a certified copy of resident registration to us,” and sent a photograph of the Defendant’s identification card and a certified copy of resident registration to Kakao to a person who is missing.

In addition, the Defendant listened to the statement that “A customer has to transfer money to the account held in the name of the deceased and confirm whether the daily limit of transfer is much, whether the card entry and withdrawal is normal, and that the customer’s book opened a bank account in the name of the deceased and sent it to us with the check card connected to that account,” and had the customer receive a loan.”

Around February 7, 2020, the Defendant opened a non-faced account (Account Number C) in B using a mobile phone, and then issued a physical card connected to the above account, and around October of the same day, the Defendant sent the above physical card to the Kwikset service engineer who sent the name-free winners, in the way of opening the above physical card.

Accordingly, the Defendant committed an act of transferring the means of access to the above person under the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E’s authentic statement and written statement;

1. Application of Acts and subordinate statutes on the contents of Kakao Stockholm conversations, transfer details, customer information inquiry table, each specification of transactions, and physical card numbers;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 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. Suspension of the sentence for the sentencing of Article 334(1) of the Criminal Procedure Act is a different crime.

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