logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2019.02.01 2018고단1191
전자금융거래법위반
Text

Defendant shall be punished by a fine of two 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 borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, on July 21, 2018, the Defendant received a proposal that “The Defendant would pay KRW 400,000 per day from the person who was the highest name holder of the casino company”, and around the 23th day of the same month, the Defendant sent a physical card linked to the bank account (Account Number: D) in the name of the Defendant through Kwikset Service Articles in front of the 23th day of the same month and sent a personal number of the said physical card to the person who was not the name holder and notified G of the personal number of the said physical card.

Accordingly, the defendant committed a blanket loan of the means of access while promising compensation.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity of H and the statement thereof;

1. Details of deposit transactions, etc.;

1. Application of Acts and subordinate statutes to photograph by cutting G course;

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

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

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

1. The Defendant’s means of access, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, has been used for the criminal act of licensing, considering unfavorable circumstances. However, considering favorable circumstances, such as the time limit and reflects, motive and background of the criminal act, and initial offender, etc.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

arrow