logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.11.15 2017고단714
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend a password, a user number, etc. registered in a financial institution or an electronic financial institution, which is necessary for the use of a cash card, physical card or passbook, which is a medium access to electronic financial transactions, to any third person.

Nevertheless, the Defendant, at around 14:00 on January 15, 2017, obtained from a person who was unable to know his name at the “C” restaurant operated by him in Daegu-gu, Daegu-gu, by telephone, deducteds money from the head of the Tong due to additional tax return, and loans the head of the Tong which is used only once. In addition, even though he knows that the head of the Tong is not aware of it and it is difficult to do so, the Defendant would sell many customers.

“After receiving and consenting to the proposal, it shall send one physical card connected to the account under the name of her husband D, two physical card connected to the account under the name of her husband-D, two physical card connected to the account under the name of her husband-based bank (F) and the Nong Bank (G) account, and the above physical card’s password to a person whose name cannot be known through Kwikset Service Officer.

was issued.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of a transfer statement and a copy of a bankbook to statutes;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the fact that the defendant is against himself/herself while committing the instant crime, and that he/she is punished once by a fine due to the instant crime, taking into account that he/she has no history of any particular crime, other than by suffering from punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow