logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.03.07 2019고단157
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 used in electronic financial transactions, no one shall borrow or lend a means of access while demanding, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on October 7, 2018, the Defendant received a proposal from a person with no name but to the effect that “I will give 800,000 won per day if I lend a physical card to an employee of a liquor company,” and accepted it, and then the same month.

9. At around 10:30, at around 10:30, the physical card connected to the account (D Bank E) in the name of the defendant was sent to the party in whose name the card was named.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A report on damage to the preparation of the F;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

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 lending of the means of electronic financial transactions with the promise of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act to the effect that it would undermine the stability and reliability of electronic financial transactions and that the means of access can be abused for other crimes, such as Bosing fraud, so it is necessary to strictly punish the means of access. In fact, the victim of the fraudulent crime has been leased by the means of access, and even if the Defendant’s statement was made, it would have been anticipated that the means of access would be used for other illegal purposes. The circumstances are unfavorable to the Defendant, such as the fact that the Defendant’s mistake is broken down and against the Defendant, and that there is no criminal power exceeding the same criminal record

In addition to the above circumstances, the records and arguments of this case are shown.

arrow