(영문) 의정부지방법원 2019.05.03 2019고단937

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.05.03 2019고단937

전자금융거래법위반

Text

Defendant

AY shall be punished by imprisonment for six months, and by imprisonment for ten months, respectively.

However, this judgment shall be rendered against Defendant AY.

Reasons

Punishment of the crime

1. In making a transaction request in electronic financial transactions or using and managing a means of access which is a means or information, such as an electronic card, password, etc., used to secure the authenticity and accuracy of users and the details of such transaction, no person shall keep, deliver or distribute a means of access while receiving, demanding or promising any consideration;

A. Nevertheless, around December 11, 2018, the Defendant, on December 11, 2018, received KRW 1.50,000 per day from a person who was unable to obtain his/her name (hereinafter “AZ” and “H”) (hereinafter “B”), and sent one copy (BE) of the BD Bank C’s physical card in the name of BB, a means of access, to store the door-to-door in BB located in Mapo-gu Seoul, according to the instructions of the person who was unable to obtain his/her name (hereinafter “AZ” and “H”), and on the same day, delivered it to the person who was not aware of his/her name.

Accordingly, the Defendant received compensation and delivered the means of access.

B. On February 11, 2019, the Defendant continued to violate the Electronic Financial Transactions Act on or around February 11, 2019, received KRW 150,000 per day from the person who was not the name of the above paragraph (a) and kept in custody to deliver BH a physical card (BI) in front of the BG coffee shop located in Dongjak-gu Seoul Metropolitan Government, in accordance with the direction of the above person who was not the name of the said paragraph.

Accordingly, the Defendant received compensation and kept the means of access.

2. In providing and managing a means of access which is either a transaction request in electronic financial transactions or used to secure the authenticity and accuracy of the user and the details of the transaction, Defendant A shall keep, deliver and distribute the means of access while receiving, demanding or promising the payment, or knowing that it will be used for a crime or for the purpose of using the means of access.

참조조문

-전자금융거래법

유사 판례

-인천지방법원 2020.01.17 2019고정2316

-수원지방법원 안양지원 2019.05.10 2018고단314 (1)

-대구지방법원 2014.07.18 2014고정1464

-인천지방법원 2019.08.08 2019고단4210

-인천지방법원 2019.11.28 2019고단7397