logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2017.11.23 2017고단1998
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on July 11, 2017, the Defendant received a proposal from a person who was in the name of the deceased and accepted it, and notified the company bank (Account Number: C) account number, passbook number, Internet banking ID, Internet banking password, and Internet banking password, etc. in the name of the Defendant to the male who sent the above name and received KRW 20,000 in return.

As a result, the Defendant paid for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of the draftD;

1. Application of Acts and subordinate statutes to investigation reports (attached details of financial transactions), replies (A), details of transactions (C);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the transfer of electronic financial transaction access media for the reason of sentencing may not only impair the credibility of the safety performance of the electronic financial transaction, but also be abused for other crimes, such as Bosing. In fact, the Defendant’s transfer of electronic financial transaction access media was used for the crime of Bosing, and the Defendant’s transfer payment is disadvantageous.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the fact that the defendant is the first offender who has no record of criminal punishment.

(2).

arrow