logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2018.11.29 2018고단201
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

On May 22, 2018, the Defendant issued a proposal to the effect that “The Defendant would lend only 30,000 won to the distribution company due to tax issues that he operated the distribution company,” from the person who was in the name of the Defendant, and that “The Defendant would offer KRW 1 million to the service company.” On May 2, 2018, the Defendant opened a copy of the physical card connected to the name of the Defendant to Kwikset service article sent to the service company, who was in the same military as the name of the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to materials reply to warrant execution;

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

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

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

Sentencing element: The defendant acknowledges and reflects his mistake, has no criminal record of the same kind, nor has no record of criminal punishment of imprisonment without prison labor or more;

In this case, the Defendant’s check card was used for a crime (the Defendant’s check was transferred to the Defendant’s above account) because the leased approach medium was used for a crime, such as scam, and the Defendant’s check was used for a crime (the Defendant’s check was acquired by fraud by transferring KRW 900,000 to the Defendant’s account).

arrow