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(영문) 수원지방법원 안양지원 2018.07.13 2018고단562
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

No person shall borrow or lend any access medium while receiving, demanding or promising compensation, or lend or lend any access medium with the knowledge that it will be used for a crime.

Nevertheless, on October 19, 2017, the Defendant sent a e-mail card to a liquor company from a person without his/her name to his/her name, thereby seeking tax reduction or exemption by using the e-mail card.

If a postal card is lent for five days, it shall be paid KRW 3 million as a fee.

“A promise was made”.

On October 19, 2017, the Defendant sent the physical card of the accounts of the Saemaul Treasury (B) in the name of the Defendant to the party who was in the name of the Defendant, through a door-to-door engineer who was requested by the said person without the name, in front of the apartment complex of the Dondo 64, Jindo 64, Jindo-ro, Dondo-ro, 194.

Accordingly, the defendant agreed to receive compensation and lent an access medium with the knowledge that it will be used for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes, such as verification of transaction details;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 and 3 (Selection of Penalty) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The instant crime may not only harm the safety and trust of financial transaction, but also be abused as means of other crimes. In fact, the Defendant’s lending account was used for the crime of Bosing fraud.

The favorable circumstances seems to reflect one's own mistake.

There is no other criminal record except for a relatively long-term punishment of fraud.

Determination of sentence: Determination of sentence as ordered by taking into account the above circumstances, the age, sex, environment, etc. of the defendant, and the conditions of sentencing.

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