logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.07.11 2018고단2768
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 any access medium or distribute it to keep, deliver or distribute it while demanding, demanding or promising the compensation in using or managing the access medium.

Nevertheless, at around 16:40 on March 15, 2018, the Defendant lent a e-mail card to the front of the dwelling of the Defendant located in Dongjak-gu Seoul Metropolitan Government, with one million won per head of the e-mail card.

“Along with the proposal of a person without his/her name, “A” accepted the proposal of a person without his/her name, and lent a medium of access to the Defendant’s name, with a total of two physical cards, such as one check connected to the KB National Bank Account (Account Number: C) and one check connected to the Nonghyup Bank Account (Account Number: D).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a petition;

1. Selection of each fine for the crime under Article 49(4)2 and Article 6(3)2 of the Act on the Electronic Financial Transactions and Trade in question, and selection of each fine for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lies in unfavorable circumstances, such as the fact that the Defendant appears to have been used for committing fraud among the access media that the Defendant lent.

However, there are extenuating circumstances, such as the Defendant’s deception and the Defendant appears to have committed the instant crime, the fact that the Defendant appears to have committed the instant crime while recognizing the instant crime, and that the Defendant is the first offender.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence identical to the order shall be determined by comprehensively taking into account all the conditions of sentencing as shown in the instant pleadings.

arrow