logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2020.06.19 2020고단830
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

No person shall, in using and managing a means of access, borrow or lend the means of access, or keep, deliver or distribute the means of access, in receiving, demanding or promising any compensation therefor.

Nevertheless, at the end of July 2019, the Defendant: (a) received a proposal from an unrecognified person on the name of a mobile phone and sent points by means of raising credit points for a loan; and (b) paying personal assets to an account in his/her name; (c) he/she sent a physical card through Kwikset service, and issued a physical card connected to Cbank D’s account in his/her name to a person in default of name through Kwikset-si B.

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement E of the statement of the police entrance and the certificate of transaction confirmation (4.9 million won deposit) to the defendant's legal statement, a photograph (E-F representative) Kakakao Stockholm messages (the defendant-G director), search, seizure and verification warrant, reply (C bank);

1. Article 49(4)2 of the relevant Act and Articles 6(3)2 and 6(3)2 of the Electronic Financial Transactions Act regarding criminal facts and the selection of punishment (the lending of access media, the selection of fines, and the crime of this case) (the crime of this case is punishable by a fine at once by taking into account the following factors: (a) the fact that the above e-mail card was actually used for telephone financial fraud, thereby causing fraud of KRW 4.9 million; (b) as a result of the crime of this case, the above e-mail card was actually used for telephone financial fraud; (c) the Defendant confessions and objects to the crime of this case; (d) the Defendant appears to have no profit gained from the crime of this case; and (e) the Defendant is the first offender

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

arrow