logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.08.30 2019고정444
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 may lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around November 7, 2018, the Defendant sent D message and accepted 800,000,000 won per account from a person who misrepresented with C, an employee of the liquor company, “B,” which is an employee of the liquor company, “B,” and sent two copies of the C Card, which are linked respectively to the account under the name of the Defendant in Busan, from the “F” located in Seo-gu, Busan, on the same day, around 12:40 on the same day, the Defendant sent two copies of the C Card to the above person who was named in the name of the Defendant, and transmitted the password of the said account by D message.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of conversationss and account transactions;

1. Application of Acts and subordinate statutes to investigative reports, and data on provision of financial transaction information (based on execution of a search and seizure warrant), respectively;

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

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow