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(영문) 대구지방법원서부지원 2020.08.20 2020고단661
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, no one shall borrow or lend the means of access while receiving, demanding or promising compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around October 29, 2019, the Defendant accepted the proposal that “a loan may be made, but it is difficult to grant additional loans due to existing loans,” from a person who represents himself/herself as a member of B bank. When sending a physical card, 10,000 won should be deposited into the money, and then a loan will continue again after the partial repayment of the existing loan.”

Since then, the Defendant informed the Defendant’s company bank account number (C) by sending the mobile banking cutting screen to the above name irregulars, and opened a physical card connected to the above account to Kwikset service article sent by the above name irregulars in front of the building in Gangnam-gu Seoul Metropolitan Government around October 31, 2019.

As a result, the suspect has promised to receive a future loan in return for the intangible expectation interest and lent the means of access to the name in favor of the accused.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Application of the Acts and subordinate statutes to B Bank transactions, vehicle license plate photographs, physical card photographs, mobile banking screen pictures, pictures to cover up a Kakakao Stockholm message screen pictures, the contents of the Kakao Stockholm conversation, and the report of the internal history of the entry and exit (the confirmation of the amount of damage - the withdrawal);

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed not only undermining the security and reliability of electronic financial transactions, but also under society such as massing of many victims by abusing the means of access, such as financial fraud, etc.

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