logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.08.30 2018고단2259
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

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 access medium used for electronic financial transactions.

However, on December 5, 2017, the Defendant received the proposal that “the head of the OK Savings Bank, who is the head of the OK Savings Bank, will pay 300,000 won per day of lending the e-mail card,” and that consent was given, around 19:00 the next day, at the 1st floor large room in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, a copy of the e-mail card connected to the account (Account Number: C) in the name of the Defendant in the name of the non-person under the name of the Defendant.

Accordingly, the defendant agreed to receive compensation and lent electronic financial access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Korean Acts and subordinate statutes to the written provision of financial transaction information;

1. Relevant legal provisions and the choice of punishment for a crime: Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

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

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [favorable circumstances] / The access media leased by the defendant is used for committing the crime of telephone financing fraud [ favorable circumstances] It appears that there is no criminal profit acquired by the defendant, and there is no record of punishment;

arrow