logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.23 2018고단3844
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 shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

Nevertheless, the defendant would use the e-mail card for the purpose of tax reduction and exemption if he lends the e-mail card from his nameless person.

" Upon receipt of a proposal, around 14:00 on March 28, 2018, at the C's office located in Gu's Government-si B, the C's office sent a physical card connected to the Defendant's name bank account (D) and a physical card connected to the Defendant's name bank account (E) on a selective basis.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with respect to F; and

1. 수사보고( 피의자 F의 위 챗 대화 내역 분석) 사본

1. Application of Acts and subordinate statutes to copies of replies by financial institutions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The act of lending a medium of access to the sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment since it can be used as a means of other crimes.

In this case, the access media leased by the defendant was used for the crime of Bosing, causing damage.

However, the defendant is led to the crime of this case, and the defendant does not have the same criminal record.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, and circumstances revealed in the arguments in this case shall be determined as ordered in consideration of the following circumstances.

arrow