(영문) 창원지방법원 2019.09.18 2019고단2073

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.09.18 2019고단2073

전자금융거래법위반

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall borrow or lend a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation for the use and management of the means of electronic financial transactions, and shall knowingly borrow or lend a means of access for a crime or be used for a crime, or keep, deliver or distribute a means of access.

On January 29, 2019, the Defendant received a loan fraud proposal from a person who is unable to know his/her name by telephone from the Defendant’s residence located at the window B of Changwon-si to the effect that “on the face of sending a physical card, it would be possible to extend the loan by raising the transaction performance in a false way.” On the same day, the Defendant sent one physical card connected to the post office account (C) in the name of the Defendant to a person whose name is unknown, and notified the password to D.

Accordingly, the defendant agreed to receive compensation and lent the means of access to the crime with the knowledge that it will be used.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation (related to account holders);

1. Application of Acts and subordinate statutes on remittance statements;

1. Article 49 (4) 2, and Article 6 (3) 2 and 3 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant's excessive means of access is actually used in the crime of telecommunications-based financial fraud, and the defendant's mistake is divided and reflected, and this is the first offender.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

유사 판례

-창원지방법원 2019.08.30 2019고단2079

-창원지방법원 2019.10.16 2019고단2026

-창원지방법원 2019.09.25 2019고단1955

-창원지방법원 2019.08.28 2019고단1881

-창원지방법원 2019.12.20 2019고단3388