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(영문) 서울서부지방법원 2018.03.30 2017고단3808
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on September 14, 2017, the Defendant, who misrepresented the employees of financial institutions, contacted that “to obtain a loan, the Defendant would make a loan by repeating a processed transaction performance by sending a physical card if he/she wants to obtain a loan,” and around 12:40 on the same day, prior to the Defendant’s operation in Yongsan-gu Seoul Metropolitan Government, he/she issued two copies of the physical card directly connected to the Defendant’s new bank account (C) and the same name bank account (D), respectively, to the employees of the person without the name, and notified the password of each of the above physical card.

As a result, the defendant promising the credit rating to return the intangible expectation interest that can receive future loans through false deposit and withdrawal transactions, and lent the access media to the name in return for the benefit of intangible expectation.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A detailed statement of deposit;

1. Application of the laws and regulations governing the entry and withdrawal of one bank;

1. Article 49 (4) 2 and Article 6 (3) 2 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the confession and reflection of the defendant; (b) the primary offender; and (c) the circumstances leading to the crime.

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