logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.22 2019고단2011
전자금융거래법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, around December 18, 2018, the Defendant lent the passbook used in the neighboring street of Yeonsu-gu Incheon Metropolitan City for three days, and paid KRW 3,000,000 for the receipt cost.

“In response to the proposal to that effect, the means of access was lent by way of delivering a physical card connected to the Defendant’s name Cbank account (D) to the non-existent male who found the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition and a written statement;

1. A detailed statement of account transactions, confirmation of incident, and response data to C Bank;

1. Application of the Acts and subordinate statutes to A’s text messages and E-learning materials;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the means of access leased by the defendant is highly likely to be used as a means of other crimes, such as singing, etc., and is actually used for the crime of this case. Meanwhile, the defendant is against the crime of this case; the defendant is not deemed to have actually acquired any profit due to the crime of this case; the first offender is the number of means of access leased by the defendant; the defendant's age, character and conduct, environment; the motive and circumstance of the crime of this case; the means of access; the motive and method of the crime of this case; and the circumstances after the crime, etc., shall be comprehensively considered

arrow