logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.09.06 2018고단545
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend any access medium with the promise of compensation in using and managing the electronic financial transaction access medium.

On January 26, 2018, the Defendant: (a) received a proposal from a person without his/her name, stating that “When sending a e-mail card, he/she will get loans after accumulating the transaction performance repeatedly; and (b) on February 2, 2018, the Defendant issued a e-mail card connected to the e-mail account (D) in the name of the Defendant using convenience store call at the C convenience store located in Jin-si B. Around February 2, 2018.

As a result, the Defendant promised to receive intangible expected profits that can be repaid in the future by raising credit rating through the details of deposit and withdrawal transactions, and lent the accessible media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiry into the results of transfer;

1. Responses to requests for financial transaction information;

1. Application of Acts and subordinate statutes to voice files which A has conversations with a person who is not his/her name;

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 (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act was actually used for a crime of actual fraud, and there was a person who suffered damage therefrom.

However, considering the fact that the defendant's mistake and reflects, it seems that there is no profit from the crime of this case, there is no record of punishment prior to the crime of this case, and other circumstances shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined.

arrow