logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.08.29 2019고정254
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

In using and managing a means of access, no one shall lend a means of access, or keep, deliver or distribute a means of access, requiring or promising to receive, request or promise any compensation, unless otherwise expressly provided for in any other Act.

On February 2, 2018, the Defendant: (a) received a mobile phone from his/her own mobile phone, and (b) received a text message stating that “on a monthly basis, he/she will send a physical card at least three million won if he/she lends it to an unspecified person due to the reduction of corporate tax; and (c) promised to receive payment by phone to an unspecified person; and (d) lent the physical card connected to the Defendant’s account

On February 2, 2018, in front of the defendant's office located in Yangju-si B, the defendant sent one check card connected to the name of the defendant (Account Number C) and the post office account (Account Number D) in the name of the defendant through Kwikset service article.

In this respect, the Defendant promised to pay and lent the means of access two.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the details of remittance of amount from damage, materials for response to the fisheries cooperative account under A, and materials for response to post office accounts under A;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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

arrow