logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2019.10.29 2019고단391
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, with any receipt, request or promise of compensation.

Nevertheless, on June 21, 2019, the Defendant received text messages from a person who misrepresents B who is an employee of an alcoholic beverage company located in Busan, and received them and sent them to the corporate account as it is difficult to collect alcoholic beverages from the corporate account because he/she supplied them without any gold material. The Defendant received and sent a proposal that, for three days, the card capable of entering and withdrawing shall be lent one million won per day on the face-to-face rent of one week at the face-to-face loan, and then delivered it to the Defendant. On June 25, 2019, the Defendant sent a physical card connected with the Defendant’s community credit cooperatives (E) account at the office located in Gangwon-si Office in Gangwon-si, Gangwon-si, Seoul, by inserting it into the box as instructed by the above person who was not aware of the name.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes on deposit transaction records, reply data on financial transaction information, and I conversation details;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of 50,000 to twenty million won; and

2. Scope of recommendations: Non-application of the sentencing criteria by fine selection.

3. According to the sentence, the Defendant transferred a e-mail card connected to his account in his name to a person whose name could not be known.

This is not only likely to disturb the financial order in itself, but also has great social harm, such as facilitating fraud by using the account.

However, the defendant commits a crime.

arrow