logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.07 2018고단705
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 expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, the Defendant, on November 23, 2017, lent a e-mail card to be used to lower the liquor tax to the mobile phone from the person who was in the name of the Defendant on November 23, 2017.

“On receipt of the contact with the content, agreed to receive the price, and then sent the physical check card connected to the post office account (Account Number B) in the name of the Defendant at the front of the automobile parts company located in the Daegu-gu Office of Month, Seo-gu.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Search and seizure warrant and reply;

1. Application of statutes governing text messages;

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 crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is for the defendant to receive the price and lend the check card to a person with no name. The above crime is not very good because the access media, such as the check card, can be used for another crime with great social harm and injury, such as voiceing, etc.

In fact, the Cze Card that the Defendant lent was used for the singishing crime.

However, the defendant seems to have led to the confession of the crime and to reflect the mistake.

The defendant does not seem to have actually received any consideration.

There is no record of punishment for the same crime prior to the instant case.

. The above.

arrow