logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2017.05.26 2017고단699
전자금융거래법위반
Text

Punishment on the accused shall be determined by a fine of 2.5 million won.

When the defendant does not pay the above fine.

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 and managing the access medium.

Nevertheless, the defendant is a liquor company called B by telephone from a person who has no name.

It is intended to offer a bank account for the purpose of tax reduction and to pay KRW 500,000 per day under the name of the fee for the loan of the account.

“Along with the proposal,” “Ackwikset Co., Ltd., on November 20, 2016, transferred one head of Tong and physical card connected to the (C) account under the name of the Defendant using Kwikset’s service as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on financial transaction details replies;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment inasmuch as the transfer of access media for electronic financial transactions can be abused as a means of other crimes. In practice, even in this case, the access media that the Defendant transferred used for committing a crime, the Defendant recognizes and reflects a crime, the Defendant has no record of criminal punishment after around 2005, and other circumstances shown in the trial of this case, including the Defendant’s age, sex behavior, environment, circumstances, and circumstances after committing a crime, etc., shall be determined as ordered by taking full account of the following circumstances.

arrow