logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.02.08 2017고단3613
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on August 19, 2017, the Defendant, prior to the expansion of No. 306 of Eunpyeong-gu Seoul Metropolitan Government, sought a physical card from a person who misrepresented the employees of the logistics company for the purpose of tax reduction or exemption from his name, and provided a promise that “to pay the fee if sending the physical card to the person who misrepresented the employees of the logistics company,” and sent the physical card under the name of the Defendant, he issued two copies of the physical card connected to the personal compromise account (B) and the bank account (C) of the same name, respectively, through Kwikset, and notified the password of each of the above physical cards.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of passbook transactions, application form for opening an account and details of transactions, and application of the Acts and subordinate statutes governing the bank deposit transaction records certificate;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the instant crime should be strictly dealt with by the act that helps the Bosing Crime, the confession and reflect of the Defendant, the fact that the Defendant does not have the record of identical crimes, and other factors of sentencing, including the Defendant’s age, sex, environment, etc.

arrow