logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.06.05 2019고단999
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

Punishment of the crime

No one shall, in using and managing a means of access, engage in any act of lending the means of access in return for payment, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant listened to the speech that 3 million won will be given if he/she lends the e-mail card from his/her name partner for 3 days, and on December 2018, the Defendant delivered the e-mail card, which is a means of access connected to the B bank account (C) in the name of the Defendant from the Seodaemun-gu Seoul Western-dong, Seoul to his/her name partner.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Details of financial transactions;

1. Application of transfer specifications and dialogues to Acts and subordinate statutes;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is the act of lending the means of access, such as this case, which facilitates crimes such as tax evasion and fraud, is serious.

In fact, the means of access in the name of the accused was used for the fraud.

The punishment as ordered shall be determined by taking into consideration the circumstances, including the fact that the defendant has no record of criminal punishment, the circumstances of the crime, the amount of damage related to the crime, the circumstances after the crime, the age, character and conduct of the defendant, and the environment

arrow