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(영문) 인천지방법원 2018.03.08 2017고단8063
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 person of "2017 Highest 8063" shall lend or lend any approaching medium, or store, deliver or distribute any approaching medium, while receiving, demanding or promising any compensation.

Nevertheless, on September 12, 2017, the Defendant leased a financial institution’s access medium with a view to receiving KRW 2,400,000 on condition that he lends the C company located in Kimpo-si B with the 3-day check, and with a view to lending the 2,400,000 won via the selective distribution service, a physical card connected to the name in the name of the Defendant’s new bank account in the name of the Defendant through the selective distribution service.

No person of "2017 Highest 9033" shall borrow or lend any approaching medium or store, deliver or distribute any approaching medium while receiving, demanding or promising to receive compensation.

On September 12, 2017, the Defendant, at the office of Kimpo-si, Kimpo-si, Kimpo-si, leased a financial institution’s access medium with the Defendant’s name-based 80,000 won on the condition that he/she lends his/her e-mail card to his/her name-free person. The Defendant, as cargo, provided a e-mail card under the name of the Defendant to the name-free person, and provided a password of the said e-mail card to telephone and Kakaoox.

Summary of Evidence

"2017 Highest 8063"

1. Statement by the defendant in court;

1. A written petition;

1. A letter of reply from a financial institution 2017 highest 9033;

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Electronic Financial Transactions Act due to lending of e-line cards linked to a new bank account with heavy circumstances);

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

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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