logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.05 2018고정359
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No person shall lend or receive any cash card, password, passbook, etc. necessary for the use of the cash card, etc., which is a medium access to electronic financial transactions issued by a financial institution, by receiving, demanding or promising to lend the same.

Nevertheless, the Defendant, around August 15, 2017, should keep the details of the transaction in order to be employed because he/she can flee with the chips, since he/she is to exchange his/her casino personnel with casino chips at KRW 300,000 per day when recruiting the chips from his/her name in the vicinity of the 1st place in Gangnam-gu Seoul, Gangnam-gu.

“A request for a e-mail card” was made by hearing horses and issuing a e-mail card and password connected to the account (Account Number: B) of the Defendant’s name to the person in whose name the e-mail card was issued.

As a result, the Defendant promised to receive intangible expected benefits to be employed in the future and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes on financial transaction statements and replies;

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

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

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium in a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the fact that the defendant's mistake is recognized and reflected, and there is no benefit from the crime, and the circumstances in which the defendant lent the access media are taken into account, and the criminal law is other.

arrow