(영문) 대전지방법원 서산지원 2019.06.20 2019고단5

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2019.06.20 2019고단5

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 shall transfer, receive, demand or promise any means of access, unless otherwise specifically provided for in any other Act, nor lend the means of access.

Nevertheless, on September 13, 2018, the Defendant received a proposal from the name-free scaming staff who became aware of sending the loan advertising message B from the French and Scam Scam (hereinafter referred to as the “Scam”) and intended to accept it.

On October 2, 2018, the Defendant posted a physical card connected to the Cbank account (D) in the name of the Defendant at the store below Seosan Si, Seosan (hereinafter referred to as the “Cbank account”) and packaged it in a stuff, and sent it to the B, and notified the password to the B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. A certificate of confirmation of transfer;

1. The contents of each B dialogue;

1. Application of Acts and subordinate statutes on correspondence data for warrants;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Selection of Fine) concerning the selection of punishment;

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 for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment for many cases where it is used as a means of other crimes. In fact, unfavorable circumstances such as the fact that the means of access leased by the defendant was used as a means of fraud and the damage was caused by the use of the means of access for the crime of fraud, recognition of and reflects the defendant's wrongness, and other favorable circumstances, such as the fact that there was no criminal record other than a fine once for the crime of this type, and that there is no other criminal record other than a fine once for the crime of this case, and that

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

-형법 제69조 제2항

-형법 제70조 제1항

-형사소송법 제334조 제1항

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