logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.04.22 2019고단2902
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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in other Acts.

Nevertheless, on July 15, 2019, the Defendant loaned KRW 5,000,00 from a person who was not the deceased person’s name. He heard the phrase “If he sent a monthly interest of 2%, he will withdraw the principal and interest each month with such physical card.” On July 18, 2019, the Defendant sent Kwikset service articles with one physical card connected to the B bank account (C) in the name of the Defendant and sent it to the person who was named in the name of the Defendant. In addition, around July 18, 2019, the Defendant sent Kwikset service articles with one copy of the physical card connected to the B bank account in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Partial statement of the defendant;

1. Written petition of D;

1. Application of statutes to a warrant of search, seizure and verification;

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 act of lending the means of access used in electronic financial transactions, such as the instant crime, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, requires strict punishment as an act assisting another crime, such as the singishing fraud, and the fact that the cke card leased by the Defendant and the account of the Defendant connected thereto was actually used for the singishing fraud, etc. When considering the circumstances unfavorable to the Defendant, the Defendant appears to have taken into account the fact that the cream card leased by the Defendant was actually used for the singishing fraud, and the Defendant’s account connected thereto was recognized and divided.

arrow