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(영문) 서울남부지방법원 2018.07.05 2018고단1869
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on November 21, 2017, the Defendant received letters from the person without his name and lent a mobile phone access medium to the account. On January 21, 2017, the Defendant thought to acquire the cash of KRW 200 to KRW 3 million in one month. On the same day, the Defendant sent the physical card of the B Account (C) opened in the name of the Defendant to the person with no name in the vicinity of the Gansan Station located in Gangseo-gu Seoul Metropolitan Government for the same day, and notified the mobile phone password.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to verify transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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