logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2020.04.14 2020고정56
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 one shall commit any act of lending any means of access while promising to use and manage the means of access.

On August 26, 2019, the Defendant: (a) received a proposal from a person who was unaware of his name, stating, “The account is necessary to engage in the business of exporting heavy vehicles. If we send an account to be used, 5 million won shall be awarded whenever it is sold.” (b) and (c) included Kwikset-line card, a means of access to the Cbank’s account in the name of the Defendant, and its password, etc., in front of the C Bank located in the Dong-gu Seoul Metropolitan City, Ykset-gu, Seoul Metropolitan City, through Kwikset-si’s service.

As a result, the Defendant promised to provide a loan, and lent the means of access of the Defendant to a nameless person.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to certificates of deposit transaction;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant acknowledges his criminal act; and (b) the primary offender is a favorable condition.

However, given that the means of access leased is ordinarily used in the phishing criminal act and a large number of good victims occur, it is highly necessary to punish the act of lending the means of access. In fact, the Defendant’s account is used in the phishing crime and the occurrence of a good victim is disadvantageous

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

arrow