logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.14 2018고단7492
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 person shall borrow or lend any access medium, or store, deliver or distribute any access medium in receiving, demanding or promising any consideration in using or managing the access medium of electronic financial transactions.

On May 22, 2018, the Defendant received 300,000 won from the face of the week so that he can use the check from a person who misrepresented his trade company's staff by telephone.

On May 23, 2018, the Defendant sent a physical card, linked to the post office B account under the name of the Defendant in front of the Nam-gu Seoul apartment, Nam-gu, Incheon Metropolitan City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Inquiries about transaction details, receipt for transfer of accounts, and the application of statutes on response to financial data;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the physical card lent by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The defendant does not seem to have actually received any consideration.

It seems that the account was suspended immediately after the crime was committed and the amount of damage was returned to the victim.

The Defendant has no record of criminal punishment prior to the instant case.

In the above circumstances, the defendant's character, family relationship, family environment, and crime are committed.

arrow