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(영문) 의정부지방법원 2017.11.16 2017고단3762
전자금융거래법위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on May 31, 2017, the Defendant promised to receive KRW 3.5 million from the person in unsound name in the name of the Defendant before the Namyang-si, Namyang-si, the Defendant, through Kwikset-si’s Services, provided two copies of the Postal Savings Account (D) and the Postal Account (E) connected to the name of the Defendant.

As a result, the Defendant promised to pay for the consideration, and used the approaching media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A copy of the details of the transactions with the principal's financial transactions and the automatic deposit and withdrawal of cash;

1. Handphone photographs;

1. Details of transactions in the accounts of Saemaul Treasury in the name of A, and a copy of a new bank passbook;

1. Application of new Acts and subordinate statutes on account transactions in banks;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

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

1. Selection of an alternative fine for punishment;

1. Taking into account the following factors: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which reflects the Defendant’s mistake; (b) the fact that the Defendant did not have any particular criminal record other than a minor fine prior to and twice; (c) two or more copies of the card that the Defendant would pay; and (d) the Defendant’s account transfer of the card that the Defendant would cause any damage to the phishing crime.

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