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(영문) 인천지방법원 부천지원 2019.07.25 2018고단3175
전자금융거래법위반
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

B, C is a person who delivers a e-mail card under the direction of the name-compacter (D. : E), which is the total book of the organization of electrical hosting financial fraud (a name “scaming”).

In using and managing the means of access for electronic financial transactions, no one shall promise to receive any consideration, unless otherwise specifically provided for in any other Act, lend the means of access.

Nevertheless, on May 22, 2017, the Defendant received a text message stating, “If he lends an account for tax reduction or exemption, he will give KRW 2 million in the month of each account.” On the same day, in front of F Apartment G, the Defendant’s residence, the Defendant’s name bank account (H) and then sent to B a physical card connected with the Defendant’s name bank account (J), in packageed one check connected with the Defendant’s name bank account, and one check connected with the Han Bank account (H), and delivered it to B under the direction of the said name bearer. Upon receiving the order of the said name bearer, the Defendant issued three copies of the said physical card to C at the convenience store near the station located in Seocheon-si, Seocheon-si, the same day.

As a result, the Defendant promised 6 million won per month in return for the promise to lend three means of access to the name in return for the 6 million won per month.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a copy of theC decision) and judgment attached thereto;

1. Application of Acts and subordinate statutes to copies of postal cards;

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

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