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(영문) 대전지방법원 서산지원 2019.08.29 2019고단477
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 the means of electronic financial transactions, no one may lend the means of access while promising any consideration, unless otherwise specifically provided for in any other Act.

On January 25, 2019, the Defendant received a proposal from a person without his/her name, stating that he/she would grant loans by raising the lending limit through a work loan, and sent an authorized certificate connected to the Defendant’s name bank account (D) by using a mobile phone in Seosan City building B and C on January 25, 2019, and notified the account number, password, authorized certificate number, password, and authentication number E.

As a result, the Defendant promised to obtain intangible expectation interest that can receive future loans by raising credit rating through work loans, and lent the means of access to a person who is named in the name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A petition, data transferred, and data to close a telephone conversation;

1. Data replies to financial institutions;

1. Application of Acts and subordinate statutes to an investigation report (G balance verification);

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) 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 is that lending of the means of access to a provisional payment order can be abused as a means of other serious crimes, such as fraud, and that the means of access actually lent by the defendant has been used for the crime of fraud, etc., the Defendant’s liability for the crime is not minor.

However, considering the fact that the defendant's mistake and reflects, it seems that the defendant did not obtain the benefit of this case, the primary offender is the defendant's age, character and behavior, environment, circumstances, means and results of the crime, and all other conditions of sentencing as shown in the records, such as the circumstances after the crime.

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