logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.15 2018고단2648
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no means of access used in electronic financial transactions shall be requested, demanded or promised to provide or deliver consideration.

Nevertheless, on December 11, 2017, the Defendant received a proposal and consented to the proposal that “I will use the passbook for a month in which I would like to use it and offer KRW 3 million.” On the same day, at around 16:00, the Defendant sent the means of access to the physical card connected to the account (D) in the name of the Defendant in front of the Dong office in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, by giving the personal identification number to E.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of F’s authentic statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the means of access leased to the accused appears to have been used for committing fraud.

However, there are extenuating circumstances, such as the defendant's deception and the fact that the defendant seems to have reached the crime of this case, and that the defendant has no record of criminal punishment during that period.

In full view of such circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, all the sentencing conditions specified in the arguments in this case shall be determined as ordered.

arrow