logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.08.28 2019고단737
전자금융거래법위반
Text

Defendant shall be punished by a fine of three 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

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, the Defendant, on December 19, 2018, called the so-called "illegal work loan" that is obtained by deceiving a lending company by creating a false credit rating, even though he could not obtain a loan with the Defendant's credit, from a name-free person who assumes the name of "B" employee, and that it is possible to borrow a loan if he/she would make the transaction details using a e-mail card. When sending the e-mail card, he/she would have accumulated the results of transactions with the e-mail bank account in the name of the Defendant. On December 19, 2018, the Defendant e-mailed one e-mail card connected to the D Bank account in the name of the Defendant using Kwikset Service to the name-free person.

Accordingly, the Defendant lent the means of access knowing that it will be used for crime purposes or crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the F Account Transactions Details and the Acts and subordinate statutes governing A Account Transactions;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act regarding criminal facts, the choice of a fine (the nature of the crime in this case is without fault, the confession and reflect of the defendant, the fact that the profit gained from the crime in this case is not significant, the primary crime, and other circumstances shown in the argument in this case);

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;

arrow