logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.19 2018고단4706
전자금융거래법위반
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

No person shall borrow or lend any access medium used in electronic financial transactions while receiving, demanding or promising the price therefor, or store, deliver or distribute such medium.

Nevertheless, on February 19, 2018, the Defendant would pay 10% of the deposit amount to the commission, if he/she borrowed the Defendant’s account for tax reduction or exemption from the name of the liquor company by telephone.

“After receiving the proposal,” and accepting it, the same day was sent to the person who was not the deceased’s name through a door-to-door employee, who was connected to the C bank account (D) in the name of the defendant in the name of the defendant prior to Michuhol-gu Incheon on the same day.

Accordingly, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the date and time of transfer of physical cards);

1. Response to financial transaction information (C A account) Acts and subordinate statutes;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the provisional payment order is a lending of an access medium with a promise to pay. Such a crime may not only disrupt the reliability and safety of electronic financial transactions, but also be abused as a means of crime using an access medium. Therefore, there is a need for punishment.

The Defendant's access media seems to have actually been used for the phishing fraud crime and have caused considerable damage.

The defendant has a past record of criminal punishment of four times, including one criminal convictions, once.

The Defendant had been detained on two occasions due to his failure to appear at his own discretion on the date of declaration notified. However, the Defendant made a statement to the effect that the Defendant is aware of and against the crime in this Court.

The defendant.

arrow