logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.02.17 2016고단2098
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

Nevertheless, on December 18, 2015, the Defendant listened to the speech that “When sending a e-mail card, the Defendant will offer a loan of KRW 20 million after repeated making a transaction details,” and then delivered a e-mail card connected to the e-mail account in the name of the Defendant to the e-mailer through a dispatch officer at the front of the former public health clinic located in the central Dong of Jeonju-si on December 21, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes on deposit in the principal's financial transaction, details of account separate transaction, and deposit in the account;

1. Relevant legal provisions and Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts (the transfer of access media and the selection of fines)

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

1. Under Article 334(1) of the Criminal Procedure Act, transfer of the electronic financial transaction access medium to another person due to unfavorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for a crime, and the actual account of the access medium that the Defendant transferred was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and that the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

arrow