logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2020.04.16 2020고정30
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

No one may lend a means of access while receiving, demanding or promising to receive any consideration in using or managing the means of access used in electronic financial transactions.

On October 8, 2019, the Defendant: (a) received a proposal from a person who assumes a false name from a financial company to the effect that “to lend a debit card under the name of the party, if he/she lends it, he/she will increase credit rating by accumulating transaction performance; and (b) accepted it on the same day, the Defendant sent one debit card connected to the company bank account (B) in the name of the Defendant to the person under the name of the party.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of deposits transactions;

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

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

1. The crime of lending the means of electronic financial transactions with reasons for sentencing under Article 334(1) of the Criminal Procedure Act shall be determined as per the order, comprehensively taking into account the following factors: (a) the crime of lending the means of access to electronic financial transactions undermining the security and trust of financial transactions; and (b) the fact that the card lent by the defendant was used for the crime of Bosing: Provided, That the fact that the defendant was not actually paid the price; (c) the defendant did not have

arrow