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(영문) 창원지방법원 2019.06.14 2019고단230
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing the means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation therefor, or receive or lend the means of access with the knowledge that they are to be used for a crime or to be used for a crime.

Nevertheless, on September 2018, the Defendant listened to the speech that “it is necessary to use 200,000 won in exchange for the operation of an illegal sports earth gambling site in the Philippines Mana, and in return for the use of one month.” On October 25, 2018, around 13:00, the Defendant sent 756, 756, and 2 Masan Card connected to the new bank account (number B) in the name of the Defendant using bus freight services from the bus terminal in the Chang-si, Chang-si, Chang-si, Masan, Masan, Masan, Masan, Masan, 3.15, and 756, as of October 25, 2018.

As a result, the Defendant committed an act of lending a means of access to another person while promising to receive compensation, and at the same time, lent a means of access to another person with knowledge of being used for a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C Written petition;

1. Application of Acts and subordinate statutes of transfer receipt;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: the defendant's excessive means of access is actually used for telecommunications-based financial fraud, and the defendant's mistake is divided.

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