logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.10.31 2019고단1273
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

On January 2019, the Defendant received a proposal from a person who was named in his name in the B coffee shop in Daegu-gu, which received a work loan to make a transaction performance, and sent a physical card to the Defendant. On January 2, 2019, the Defendant sent one check to the person who was named in his name through Kwikset Service Articles connected to the company bank account (Account Number: C) in the name of the Defendant.

Accordingly, the Defendant promised to receive intangible profits that can receive a loan from the Defendant, and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the electronic financial account statement and certificate of transaction confirmation Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is likely to seriously affect society by not only impairing the safety and reliability of electronic financial transactions, but also creating a large number of victims by abusing the means of access, such as financial fraud, etc.

In fact, the means of access that the defendant lent was used for financial fraud crimes.

Considering these circumstances, it is true that there is a need for strict punishment against the defendant.

However, the circumstances favorable to the defendant are that the defendant recognizes the crime of this case, and that the defendant does not have any criminal records punished.

The sentence was determined as the order by actively taking into account the circumstances favorable to the defendant.

arrow