logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.09 2018고단7235
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

No person shall lend or lend any access medium while receiving, demanding or promising compensation therefor.

Nevertheless, the Defendant: (a) received a proposal from a person under whose name the Defendant made a passbook and made a loan to KRW 20,000,000 to 3-5% interest per week; and (b) promised the Defendant to open a business operator and to lend the passbook in the name of the corporation; (c) around November 201, 207, the Defendant lent a accessible medium by sending a new bank (C) with the name of the Defendant registered in the name of the company B (C) and its passbook with the head of the company registered in the name of the Defendant, and an OTP card with Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, and F;

1. Application of Acts and subordinate statutes on the transfer of each account, the closure data of a medium and a medium country, and the Kakao Stockholm dialogue, the details of text conversations, the new bank reply data, and the Kakao Stockholm dialogue content;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a lending of a physical card to a person who is not his/her name in order to obtain a loan. The above crime can be used for another crime with a large amount of social harm, such as physical card, and it is very good that the crime is committed.

In fact, the physical card transferred by the defendant was used for fraud crime.

However, it shows the appearance that the defendant leads to the confession of the crime and reflects the mistake.

The Defendant had no record of criminal punishment for the same crime before the instant case.

In the above circumstances, the sentencing indicated in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

arrow