logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.16 2018고단3411
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

Except as otherwise provided for in other Acts, no one shall lend any access medium with the receipt, request or promise of compensation in using and managing the access medium.

Nevertheless, on January 2018, the Defendant promised to receive KRW 3 million from a person who is not aware of his name from the Defendant’s office located in Suwon-si, Suwon-si, the Defendant sent a physical card connected to his name to a new bank deposit account (Account Number: C) in the name of the Defendant to a person whose name is unknown using Kwikset’s service, and notified him of the password to Kwikset Stockholm.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of A finance information-related Acts and subordinate statutes, such as a separate account statement;

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and subparagraph 10 of Article 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense, the selection of fines, and the selection of fines;

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

1. The access media leased by the Defendant for the reason of sentencing Article 334(1) of the Criminal Procedure Act was actually used for the phishing crime, and the victim was the third victim.

Defendant’s criminal act of this case has undermined the financial transaction order.

However, the Defendant, from investigative agencies to this court, recognized the instant crime, and is against the law.

The defendant has no record of punishment in addition to a fine of KRW 500,000 due to embezzlement of possession.

In addition, the defendant's age, sex, motive and background of the crime, means and result of the crime, circumstances after the crime, records of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the records, shall be determined by the same sentence as the order.

arrow