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(영문) 대전지방법원 천안지원 2018.07.05 2018고단882
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on August 29, 2017, the Defendant would lend KRW 20 million to his name-free person as a four-way land.

However, in order to execute loans, the Defendant’s physical card is required to delete the Defendant’s lending records, and the Defendant’s physical card is presented. On the same day, the Defendant’s physical card and passwords in the Defendant’s bank B and one bank C accounts are included in the first floor of the Seongbuk-dong 1345, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu. At that time, two copies of the above physical card are transferred in a way that the above-mentioned person’s name was sent by mail and the above-mentioned person took it out.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each petition and statement of D, E, F, G, H, I, J, K, L, M, N,O, and P;

1. A written confirmation of service use details, inquiry of the results of transfer, verification of transfer, verification of transfer, verification of transfer results, detailed data on transfer results, Internet banking transfer verification, receipt of account wage, copy of receipt of account wage, detailed statement of use transaction, photograph of each member transaction account, photograph of the details, completion of transfer, statement of transaction, statement of transfer, written confirmation of transfer, and application of Acts and subordinate statutes on receipts

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The transfer of the access medium for electronic financial transactions can be used as a means of other crimes, and thus, it is necessary to strictly punish the transfer of the access medium for electronic financial transactions. In fact, the circumstances in which the access medium transferred by the defendant used for the crime of fraud are recognized and reflected.

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