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(영문) 서울남부지방법원 2018.09.13 2018고단3191
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium or promise to receive any consideration in using or managing such medium, and lend or take over such access medium.

Nevertheless, the Defendant sent a physical card connected to the Defendant’s bank account (Account Number C) in his name in order to contact with the Defendant who lends 600,000 won to his account for three days on a day, and to lend a medium of access to the account and to acquire cash. On January 25, 2018, the Defendant sent a letter of physical card connected to the Defendant’s name to the Defendant’s bank account (Account Number C) and lost the said physical card, and then sent the same card again.

On January 26, 2018, at the above location, the re-issuance card connected to the above account was sent to the name in the name and the password again, and the password was notified to the Kakao Stockholm message.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the details of transactions by account, details of entry and withdrawal transactions, and certificates of deposit transaction records to 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 act of lending a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used for a crime such as tax evasion, gambling, and singishing, and thus, the relevant social malicious crime was committed. In fact, the Defendant’s access media was used for fraud and the victim was generated.

However, the defendant actually acquired by committing a crime.

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