logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2019.02.14 2018고단2854
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

[criminal power] On May 31, 2018, the Defendant was sentenced to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (a suspended sentence of ten months due to injury, etc.) (a suspended sentence of two years due to imprisonment with prison labor for injury, etc.) and the judgment became final and conclusive on June 8, 2018. [criminal fact] No person may lend a means of access under the Electronic Financial Transactions Act to another person when promising to receive compensation. Nevertheless, the Defendant, at the vicinity of the Goyang-gu So-gu Yangdong-gu So-gu Seoul Metropolitan Government B Apartmentdong around February 11, 2018, after receiving the proposal, “The 3 million won shall be paid per month if he/she borrowed the physical card” from the Defendant’s account (a physical card connected with E) under the name of Kwikkset, the means of access.

Accordingly, the Defendant promised to receive compensation and lent the means of access under the Electronic Financial Transactions Act.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Records of seizure, records of seizure, photographs of physical cards lent by the defendant, and letters received from persons in secret name;

1. A statement on criminal records, etc., and the application of statutes on one copy of the judgment (so-called "higher assistance" 2018 highest 438);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Recognizing the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the means of access that he/she leased could be used for the crime, the Defendant promised to pay the means of access and lent the means of access, and the fact that the means of access leased by the Defendant was used for the criminal act of

However, it is the case where the defendant recognizes the crime of this case and is against it, and the relation between the crime of this case and the concurrent crime of Article 37 of the Criminal Act is judged simultaneously pursuant to Article 39 (1) of the Criminal Act.

arrow