logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.06.21 2018고단274
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

On October 30, 2017, the Defendant is “D company” from a person who is under the name of the Defendant on his or her influence.

It is expected to borrow the passbook due to tax reduction and exemption.

One account is scheduled to be used for 3 days per day, and will be 600,000 won per day under the condition of use.

3-day rental, with a proposal to the effect that it would give KRW 2 million, and with the consent, around 15:00 on November 2, 2017, "F located in Ansan-si E 5 Ba 509" service article in front of the company's building, issued one check card connected to the company's bank account (Account Number G) in the name of the defendant.

The Defendant promised to pay for the above, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A list of gold transactions;

1. Application of Acts and subordinate statutes on banking transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the access media leased by the Defendant for the reason of sentencing of the order of provisional payment is highly likely to be used for an offense against many and unspecified persons, such as singishing fraud. In fact, the nature of the offense is not good in light of the fact that the Defendant was used for the crime of singishing fraud.

However, considering the fact that the defendant has no record of being punished for the same crime, it is deemed that there is no charge acquired by the crime, that the amount deposited by the victim of the fraud is not withdrawn, and that the damage is not realized, and that the defendant shows an attitude against the mistake, the punishment shall be determined like the disposition.

arrow