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(영문) 서울동부지방법원 2016.09.28 2016고정1235
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 19, 2015, the Defendant transferred access media connected to the new bank account under the name of the Defendant at the first branch office in the Chuncheon District Public Prosecutor's Office, and received a non-prosecution disposition on charges of violating the Electronic Financial Transactions Act (non-prosecution disposition) against the Defendant’s suspicion that the said account and access media were used for the commission of the singishing fraud.

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium for electronic financial transactions.

Even for the purpose of obtaining a loan from a financial institution through the above investigation records, the Defendant knew that the account and access media can be used for crimes, such as phishing, in the event of transfer of an access medium connected to the account of the financial institution.

Nevertheless, on December 2015, the Defendant sent a e-mail card to the front of the “D cafeteria” in Dongdaemun-gu Seoul Metropolitan Government around December 2015, for lending from a person who is not his/her name.

In response to the request, the personal identification card and the personal identification number connected to the defendant's bank account (Account Number: E) were delivered to the defendant, via Kwikset service article.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. The document of F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

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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