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(영문) 대전지방법원 천안지원 2018.05.03 2018고단83
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 any access medium at the request of a user number necessary for the use and management of a cash card or cash card which is a medium access to electronic financial transactions or a user number registered with a financial institution or an electronic financial institution.

Nevertheless, on September 26, 2017, the Defendant borrowed 3 million won from a person who was aware of the fact that he reported the job offering advertisement of a logistics company on September 26, 2017 on one side of a week from the name in which he/she was aware of.

Upon receipt of the proposal, “Along with the Defendant’s residence, Kwikset Service Articles 102(C) and 102, each of the physical cards connected to the post office account (C) and the National Bank Account (D) in the name of the Defendant was lent to the Defendant’s non-dissckwikset Service provider, which is the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on transaction confirmations, transaction details of post office accounts, and transaction details of accounts of national banks;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Lending media access to electronic financial transactions can be used as a means of other crimes. In fact, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc. are determined as ordered by taking comprehensive account of the following factors: the defendant's age, sexual behavior, environment, motive, means and consequence of the crime.

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