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(영문) 인천지방법원 2018.08.31 2018고단4519
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 person shall transfer or acquire any access medium for electronic financial transactions.

On November 2017, the Defendant, who became aware of through the off-line Internet, may borrow a loan by accumulating the account transaction performance from a person who has become aware of such fact, and the e-mail card and password are needed to accumulate the transaction performance.

“In contact with the purport that the Defendant was “,” and had a mind to transfer the passbook of the Defendant.

The Defendant knew that the so-called "work loan that was borrowed by deceiving a bank to receive a loan by deceiving a false transaction performance, and received notice from the bank staff that the transfer or lending of the passbook would be subject to punishment for violation of the Electronic Financial Transactions Act when opening an account, but at a low interest rate other than the high interest rate for the loan, the Defendant sent the access media for electronic financial transactions, such as the physical card and password of the National Bank Account (E) in the name of a limited company D, which was established by the Defendant, prior to the Incheon Seo-gu B market, to obtain a loan at a low interest rate, around that time.

Accordingly, the Defendant transferred the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to transfer receipts, return new data, applications for new transactions, and all matters to be registered;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is transferred by the defendant to his name in order to obtain a loan. The above crime is not very good because the access media such as the physical card can be used for another crime with great social harm and injury, such as voiceing, etc.

(i)in fact;

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