logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2019.06.20 2019고단123
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or request or promise to provide for compensation in the use and management of a means of access under the Electronic Financial Transactions Act.

Nevertheless, on July 2018, the Defendant received a proposal from a nameless person who misrepresents himself/herself as a "B" related person, stating that "if he/she lends his/her physical card for three days, 90,000 won per day of the card", and then lent the means of access by notifying him/her of his/her name and promising to receive a password, through Kwikset service engineer, at around 12:00 on the 24th of the same month, he/she sent one G physical card (consolidated number: Connected Account Number: H) under the name of the Defendant E-CC Card (Consolidated Account Number: H) under the same name as Kwikset Service engineer.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to I by the police;

1. Written statements prepared by the J;

1. Each written petition;

1. Data on warrant of search, seizure and verification;

1. Reports on internal investigation (Submission of details of transfer of victims' damages);

1. A report on internal investigation (the painting of details of the distribution of the amount of damage);

1. New warrant documents;

1. Application of Acts and subordinate statutes on account details;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment for many cases where it is used as a means of other crimes. In fact, the unfavorable circumstances such as the fact that the means of access leased by the Defendant was used for the crime of fraud, the fact that the Defendant recognized and reflected the Defendant’s mistake, the primary crime, and the fact that it appears that the Defendant did not acquire the benefit of this case, shall be taken into account, and other favorable circumstances such as the Defendant’s age, character, character, environment, criminal background, and crime.

arrow