logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.03.21 2018고단9315
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

No one shall, in making a transaction request in electronic financial transactions or using and managing a means of access used to secure the authenticity and accuracy of users and the details of such transaction, borrow or lend the means of access while promising any compensation therefor.

On July 2018, the Defendant listened to the statement that “I will pay KRW 300,000 per case of transfer if I lend bitcoin for money exchange” from a person in non-name, and on August 8, 2018, I lent bit Card, a means of access to B bank accounts (C) in the name of the Defendant in the vicinity of the exit area No. 8, 2018, in Bupyeong-gu, Incheon.

As a result, the Defendant promised to make a transaction request in electronic financial transactions or lent a means of access used to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police's written statement of statement, electronic financial transfer result confirmation;

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. The instant crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act that facilitates various crimes, such as the so-called “wishing” crime using the means of access in the name of another person, and that the Defendant’s criminal act is not exceptionally liable in light of social harm.

In fact, considering that the means of access lent by the accused was used for the crime of fraud and the victim was inflicted, the defendant cannot be held liable for criminal liability corresponding thereto.

However, the defendant made a confession of the crime against his wrongness.

The defendant.

arrow