logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.02 2019고단4109
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person shall deliver a means of access to financial institutions while demanding, demanding or promising compensation.

Nevertheless, on February 4, 2018, the Defendant received a proposal from a person who was not the deceased’s name, stating that “The Defendant will give KRW 800,000,000 for each case of lending the account,” through text messages. On February 5, 2018, the Defendant sent one physical card connected to the Defendant’s name B account (C) through Kwikset Service’s article via Kwikset Service’s article.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of transfer, data on financial transaction (B), and statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order leases one physical card connected to his bank account to a person who has promised to pay a user fee and has no knowledge of identity. The means of access provided in such a method is less likely to be abused for the crime, such as Bosing, etc. against many and unspecified persons, and the crime is not less weak, and the fact that the above physical card was used for the crime and causing property damage equivalent to six million won, etc. is disadvantageous to the defendant.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case, the fact that there is no profit from the crime, the fact that there is no criminal history, and other favorable factors, including the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., as set forth in the text of this case.

arrow