logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.10.23 2019고단2056
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access, unless otherwise specifically provided for in any other Act, while using and managing the means of access.

On March 23, 2019, the Defendant called '5 million won by telephone from a person without his name,' and called '5 million won by packaging the physical card' around the residence of the Defendant located in Yannam-gu, Dongan-gu, Chungcheongnam-gu. around that time, the Defendant opened Kwikseter Card connected to the company bank account in the name of the Defendant (C).

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written complaints and statements of D;

1. Application of Acts and subordinate statutes to a statement of account transfer, customer basic inquiry, statement of transaction by account, notification of financial transaction status, bank transaction statement, and application for membership;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the means of access that the Defendant transferred was used for the so-called Bosing criminal act; (b) the Defendant was punished by a fine for a criminal offense that lent the means of access to another person in 2018; (c) the Defendant again committed the instant crime; (d) the Defendant led to the confession of and reflect against the instant crime; (e) the amount of fraudulent damage caused by the Bosing criminal act is not withdrawn from the Defendant’s account; and (e) it appears that the amount of damage would have been returned to the victim; and (e) the Defendant has no record of criminal punishment other

arrow