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(영문) 서울동부지방법원 2016.09.09 2016고단132 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2016 Highest 521] No person may lend any access medium used in electronic financial transactions to anyone while requiring or promising the payment for such access medium.

Nevertheless, on June 2015, the Defendant heard B’s horse that he can receive KRW 700,000 per month from a loan of the passbook. Around that time, the Defendant issued a passbook, physical card, and password that is linked to the Defendant’s name’s national bank account (C) through Kwikset service provider.

Accordingly, the defendant, while receiving, demanding, or promising the consideration, lent the access media linked to the above account in the name of the defendant.

[2016 Highest 2028] No person may arrange the lending or borrowing of access media while offering, receiving, demanding or promising the payment for the access media used in electronic financial transactions.

Nevertheless, around May 2015, B received a request from D to request from a third party bank account, and delivered the above proposal to the defendant, and the defendant suggested that he/she lend money to E. The defendant, B, together with the defendant, issued a physical check card, password, which is linked to the E's bank account (G) of the E-person's bank account (G) which is delivered in advance from D's convenience store located in Songpa-gu Seoul Metropolitan Government F.

As a result, the defendant and B conspireded to demand or promise to receive compensation from D and E to arrange the lending of or lending of the access media.

Summary of Evidence

[2016 Highest 521]

1. Each legal statement of the defendant, B, and E;

1. A protocol concerning the examination of a suspect by the prosecution against the defendant in relation to D (part), B, E, or the defendant;

1. Requests for the provision of financial transaction information and replies to requests for details of financial transaction information [28 high group 2016 high group 2028];

1. Each legal statement of the defendant, B, and E;

1. A protocol of suspect examination of the police against D or the accused;

1. Application of transaction specification table (H) Acts and subordinate statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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