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(영문) 수원지방법원 2018.08.24 2018고단3235
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in using and managing the access medium, and the Defendant shall send a physical card with hearing the horses that “it is necessary to create a passport” from the person in need of the opening of the passport on July 2010.”

The fact that the account linked to the card was investigated as a case used for the commission of the phishing fraud and was subject to a disposition on November 4, 2010 on the charge of violation of the Electronic Financial Transactions Act (insufficient evidence), and that the transfer of its access media to another person was subject to punishment, and that the access media sent as above can be used for the commission of the phishing fraud.

Nevertheless, on December 14, 2017, the Defendant listened to the speech that “the Defendant would lend a e-mail card for the purpose of purchasing goods from a foreign country to a maximum of KRW 2,80,000 per day,” from a person who has no name from his/her business office located in Young-gu, Suwon-si, Suwon-si, the Defendant sent the e-mail card to a person who is not his/her name, and then notified the account number and password of the e-mail by using a e-mail card, which is the access media of the bank account (D) of the name of the Defendant.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A report on investigation (verification of the same investigation record);

1. Application of Acts and subordinate statutes concerning the content of a petition, account record, warrant reply and Kakao Stockholm dialogue;

1. Relevant Article of the Act concerning the facts constituting an offense, Article 49 (4) 1, and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is chosen, the selection of a fine (the initial crime, confession, and reflection);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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