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(영문) 대구지방법원 2020.01.30 2019고단5947
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

Nevertheless, on January 2019, the Defendant: (a) received a proposal from a name-free person who misrepresented a borrower to the effect that “When sending a physical card, the Defendant would make false entries into and obtain loans from him/her; and (b) accepted it; (c) around that time, the Defendant sent a copy of the physical card connected to the D Association (E) account in the name of the Defendant to the name-free person using Kwikset Service in front of Kwikset-si B.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on response materials to cooperatives;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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