logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2020.01.21 2019고단612
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

In using and managing a means of access, no one shall borrow or lend the means of access, or deliver or distribute the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on December 14, 2018, the Defendant received a proposal from any person whose name had not been identified, and consented to the proposal, and then used the post office house box in the Defendant’s residence in the B apartment No. B apartment C at the same time on the same day, and sent a physical card (D) connected to the Defendant’s bank account in the name of the Defendant, and notified the password of the physical card by telephone.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent a means of access for electronic financial transactions to others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of transfer, application of Acts and subordinate statutes for reporting investigation;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the Defendant had lent the electronic financial means of access to the instant case; (b) the Defendant had no criminal power; and (c) the Defendant had returned some of the said defraudeded money (1.2 million won) to the victim; (d) the Defendant recognized the Defendant’s mistake and reflect in depth; and (e) the Defendant’s age, character and conduct, intelligence and environment; (e) relationship with the victim; (e) motive, means and consequence of the crime; and (e) the circumstances after the crime.

arrow