(영문) 광주지방법원 목포지원 2020.03.13 2019고정298

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 목포지원 2020.03.13 2019고정298

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that it is intended to receive, demand or promise any compensation, to use it for a crime, or to use it for a crime.

Nevertheless, on May 17, 2019, the Defendant heard the phrase “6 million won will be loaned from a person who misrepresented to the employees of a lending company through text messages. It would make it possible to grant a loan if he/she transferred a personal check card due to lack of credit points.” On the same day, the Defendant sent a copy of the e-mail card linked to the Defendant’s bank account (D) before Dongjak-gu Seoul Metropolitan Government on the same day.

Accordingly, the defendant, knowing that he was promised to receive compensation and would be used for crime, lent the means of access.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. The statement of deposit transaction and the data related to financial transaction information of the Cbank [the defendant alleged that he/she was not aware that the means of access that he/she lent would be used for the crime, but in light of the fact that the defendant was aware that he/she was using the check card in order to implement the loan in an abnormal manner, and the defendant's age and social experience, etc., it seems that the defendant was aware that the means of access that he/she lent was used for the illegal act, so the above argument is not accepted.] The application of the law

1. Relevant Article 49 (4) 2 and 6 (3) 2 and 6 (3) 3 of the Electronic Financial Transactions 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances:

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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