logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.04.06 2020고단52
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

On September 30, 2019, the Defendant promised to receive 5 million won from the person in default of his/her name on the seventh floor of Seoul Jung-gu building B, and sent his/her name using Kwikset Service, which is linked to the SC Bank Account in the name of the Defendant, the means of electronic financial transactions.

Accordingly, the defendant promised to receive compensation and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

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

1. Copy of the police investigation protocol concerning the accused;

1. Copy of the police statement concerning C;

1. Receipt of remittance of passbook without passbook;

1. Application of Acts and subordinate statutes on warrant answer materials;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order was that the Defendant, who was in a professional position with her husband, operated the enterprise with her husband, committed the instant crime.

Of course, even though the defendant, among the urgency, has been in a state of conduct, the act prohibited by the Electronic Financial Transactions Act, and the act seems to be used for a large social crime, and the illegality of such act seems to have already been shared by the social perception for a long time.

In principle, punishment is inevitable.

Provided, That the punishment shall be determined in consideration of the age, character and conduct, environment, the fact that there is no previous fault, attitude after the crime, etc.

arrow