(영문) 광주지방법원 2019.01.16 2018고단4157

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.01.16 2018고단4157

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

In using and managing a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on May 27, 2018, the Defendant received a text message from a person whose name is unknown, stating that “The Defendant is engaged in soliciting KRW 300,000 per unit of an individual account for the purpose of tax reduction or exemption,” from a person whose name is unknown, and promised to receive 1.2 million won per unit of the check-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face-to-face (D), E Bank (F), and then notified a person whose name is unknown of the three copies of the check-to-face-to-face-to-face-to-face (H).

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of a detailed statement of account transfer transactions statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 order of provisional payment under Article 334(1) is that the Defendant agreed to receive compensation and lent the means of access, and these means of access are used as a means to commit various crimes, such as singing, etc., which have a great social harm, and the fact that it was actually used in the instant

The records of this case, such as the fact that the defendant's mistake and reflects, the primary offender, the age, character and conduct of the defendant, the motive and means of the crime, and the circumstances after the crime.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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