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(영문) 인천지방법원 2018.10.19 2018고단6935
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer or take over any access medium in making a transaction instruction in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

On June 2018, the Defendant: (a) heard the horses that “it may reduce KRW 100,000 per day by transferring a physical card to be used for the use of private gambling wraping up, and at a time reduces KRW 3 million per week; and (b) held the physical card, which is an access media to the Defendant’s bank account (C) in Bupyeong-gu Incheon, Bupyeong-gu, Seoul, Kwikset through Kwikset’s service.

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of transactions, a certificate of transfer verification, and a certificate of transfer;

1. Application of Acts and subordinate statutes to a report on investigation (the result of execution of a warrant of seizure);

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is transferred by the defendant to his name in order to receive the payment of the price. The above crime can be used for another crime with a large amount of social harm such as cryping, etc. because the access media, such as cyp cards, can be used for another crime.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

The defendant of this case.

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