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(영문) 전주지방법원 정읍지원 2018.11.29 2018고단368
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 lend or borrow any access medium used in electronic financial transactions while offering, receiving, demanding, or promising to lend such medium.

Nevertheless, on December 2017, the Defendant heard the phrase “to pay 700,000 won per day on the face of a week from a person who was unable to use a physical card from his name,” and issued the name in an office located in Go Chang-gun B around December 19, 2017, using two (D, E) post office accounts in the name of the Defendant in the name of the Defendant and three (F) bank accounts connected to one Agricultural Cooperative account and three (3) bank numbers, in which the number of each account is written.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of a warrant of search and inspection of seizure (applicable to financial accounts) and reply;

1. A criminal investigation report (the post office of the person under investigation who lost two copies of the card;

Investigation on Claim)

1. Investigation Report (the result of the execution of a warrant of search and inspection - the verification of the details of the use of suspect's choice).

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order for the crime of this case is not a good crime that has transferred an access medium that can be used for committing a crime that causes many and unspecified victims, such as the phishing fraud that causes a lot of social problems, and in fact, the crime of this case was committed by deceiving KRW 2 million using the access medium that the Defendant transferred.

The defendant did not lend a physical card at the time of the investigation into the crime of this case, but lost it, and the father who stated the account number and password on the physical card.

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