logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.08.29 2019고단1240
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

On January 21, 2019, the Defendant received a proposal from a person whose name is unknown by telephone to the effect that “I will deliver a physical card to repay the principal and interest because I would be an individual loan service provider. I will receive a loan.” On January 21, 2019, the Defendant sent a physical card connected to the Defendant’s name Cbank account (D) to a person whose name is unknown, using Kwikset and notified him of the password, and by using E.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A bank transaction statement;

1. Application of Acts and subordinate statutes of conversation content;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is favorable circumstances such as the confession and reflect of a crime by the defendant, and the fact that there is no criminal record other than the previous conviction of a new type of fine on one occasion.

However, the act of lending the means of access to electronic financial transactions, such as the instant crime, is in an indivisible relationship with the Bosing crime, and there is a high need for strict sanctions.

In addition, the account of this case was abused for the singishing crime, thereby causing actual damage.

In addition, the defendant's age, career, character and conduct, motive of crime, circumstances after crime, etc. and various circumstances shown in the trial and records shall be determined as ordered.

arrow