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(영문) 대구지방법원 서부지원 2019.05.29 2018고단3325
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any means of access to a transaction request in electronic financial transactions or to use and manage a means of access used to secure the authenticity and accuracy of users and the details of such transaction, unless otherwise specifically provided for in any other Act.

Nevertheless, on July 24, 2018, the Defendant received a proposal from a person who is unable to know his name before the Defendant’s house located in Daegu-gun: (a) and received it from a person who is unable to know his name, to pay 2 million won per 3 days (2 million won per 3 days, the physical card)"; and (b) deliver two copies of the physical card linked to the Cbank (D) and the Enterprise Bank (E) account in the name of the Defendant to the place designated by the person whose name is unknown, and sent it to Kwikkset Service, and notify the person whose name is unknown of the password of each of the above accounts.

As a result, the defendant provided, demanded or promised compensation, lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Investigation reports (detailed statement of transactions of companies to be submitted by suspects);

1. Application of a certificate of withdrawal details, certificate of remittance, statement of remittance, response to a request for financial transaction information, reply to the details of transactions, text messages, photographs of text messages, F dialogue photographs, and Acts and subordinate statutes concerning the details of transactions of entry and exit;

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 used in electronic financial transactions, such as the instant crime for sentencing Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order, requires strict punishment as an act assisting another crime, such as scaming, etc.

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