logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2021.01.14 2020고단1939
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

No one shall issue a transaction instruction in electronic financial transactions or lend any access medium used to secure the authenticity and accuracy of users and the details of such transaction in return for the payment, demand or promise to do so.

Nevertheless, on March 25, 2020, the Defendant: (a) received a proposal from a person who misrepresented the loan company’s staff to “to execute a loan if he/she sends a e-mail card”; and (b) accepted it; (c) sent a e-mail card (E) linked to the D bank account in the name of the Defendant in the vicinity of Daegu-gun-gun-gun-gun-gun-gun-gun-B to the name in the name of Kwikset through Kwikset’s service.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F’s written confirmation of transfer, and submission of data on financial transaction information to the Acts and subordinate statutes;

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on the selection of punishment

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

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be used as a means of another crime, under the circumstances where the relevant crime is not good, and the Defendant’s lending medium was actually used for fraud.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and his mistake is divided, there is no benefit from the crime of this case, there is no record of criminal punishment, and the defendant's age, sexual conduct, environment, family relationship, means and result of the crime of this case, etc., shall be determined as ordered by considering all the sentencing conditions specified in the arguments of this case.

arrow