beta
(영문) 울산지방법원 2015.10.22 2015고단2205

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No person shall transfer or take over a means of access or borrow a means of access in return for any reward or in return for any reward.

Nevertheless, around April 20, 2015, the Defendant received 200,000 won per head of the Tong each month in return for the lending of the passbook from the needy in front of the Si of Busan on April 20, 2015, and the cash card linked to the bank account (Account Number B) and the post office account (Account Number:C) under the name of the Defendant was sent to the needy person by telephone.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to receipt for account transfer and provision of financial transaction information;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (see, e.g., Supreme Court Decision 2009Do1530, Mar. 25, 2010). 1. Selection of selective fine for punishment

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are divided in depth, and there is no criminal history, and the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family environment, etc. are determined as ordered by considering the following factors.