logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.05.10 2018고단1460
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

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, on November 27, 2017, the Defendant promised to receive KRW 3 million from a person whose name is unknown at a post office located in 1084, in accordance with the Seocho-gu, Suwon-si, Suwon-si, to receive an account fee of KRW 3 million from a person whose name is unknown, and sent a physical card, which is an access medium to the deposit account (Account Number B) in the name of the Defendant, to a person whose name is unknown by means of registered mail, and sent the password to the Kakao 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. Statement made by the police against C;

1. Details of account transactions, text messages, etc., search and seizure warrant (No. 2017-21142) and the short message;

1. Application of Acts and subordinate statutes on internal investigation reports (information on IP access to suspect Internet);

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. For the reasons of sentencing under Article 334(1) of the Criminal Procedure Act, considering favorable circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the Defendant’s instant crime, circumstance before and after the instant crime, and other various sentencing conditions as specified in Article 51 of the Criminal Act, such as the fact that the access media leased by the Defendant was used in the criminal act and inflicted damage on a third party, the recognition of the Defendant’s mistake, and the fact that there is no record of the same kind of crime, etc., the sentence like the order shall be imposed.

arrow