logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.04.25 2017고단135
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, or lend or lend any access medium to any third person while requiring or promising to give, receive, demand, or promise to give, receive, or transfer any access medium.

Nevertheless, on October 2016, the Defendant used Kwikset service to receive three million won rental fees from B’s office at the end of Seosan-si, 2016, and used Kwikset to transfer a physical card connected to the name in the name of the Defendant’s bank account (C) to the name in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on response to financial data;

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. In light of the fact that the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not only harms the safety and trust of financial transaction, but also can be abused as a means of other crimes, and the card lent by the Defendant is also used for the actual crime, it is necessary to strictly punish the Defendant.

However, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the mistake, the primary offender, the age, environment, circumstances of the defendant, the result of the crime, and the circumstances after the crime.

arrow