logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2016.11.30 2016고단1030
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any means of access used in electronic financial transactions in return for the receipt, request or promise of compensation.

Nevertheless, around August 11, 2016, the Defendant: (a) sent a text message to the Defendant’s cell phone in front of the Hancheon-gun, Gangwon-do; (b) sent a cell phone from the Defendant’s street to the Defendant’s mobile phone (on the receipt of the proposal to use for the reduction or exemption of alcoholic beverages, only once the opening is received; (c) sent a phone call to a person whose name is not known (the leader of the D team) and received KRW 2 million according to his/her personal guidance; and (d) delivered the C card and its password connected to the Defendant’s name bank account (Account Number E) to the said person via the Kwikkset Service.

The Defendant, while receiving, demanding, or promising such consideration, lent a means of access linked to the Defendant’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to the details of transfer;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The instant crime on the ground of sentencing under Article 334(1) of the Criminal Procedure Act provides for a means of access that may be used for a crime. In order to eradicate a crime using the means of access, there is a need for strict punishment for the instant crime, which is the means of access, and the means of access actually transferred by the Defendant has been used for phishing crimes.

On the other hand, there are extenuating circumstances, such as that the defendant repents his mistake in depth, that the defendant has no record of being punished for the same crime, and that there is no record of gross criminal punishment heavier than that of qualification suspension.

The above circumstances and the age, character, character and environment of the defendant, and this.

arrow