logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.06.05 2019고단2676
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

In using and managing the means of access, no one may lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On October 16, 2018, the Defendant received text messages from a name-free person and made a telephone to the effect that “it is possible to lend five million won to a person who is an individual bond. To pay interest, the Defendant sent the e-mail card to him/her.” On the same day, the Defendant then lent one e-mail card connected to the bank account (Account Number: D) in the name of the Defendant in front of the Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, through Kwikset service article.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of a specification photograph of transactions and an account warrant and a statute;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is leased to a nameless person who wants to allow a defendant to get a loan. The above crime is not a good crime because the means of access, such as the physical card, can be used for other crimes with great social harm and injury, such as scaming.

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 has no record of criminal punishment prior to the instant case.

The character, conduct, family relationship, family environment of the defendant in the above circumstances.

arrow