(영문) 춘천지방법원 원주지원 2019.05.02 2019고단57

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(영문) 춘천지방법원 원주지원 2019.05.02 2019고단57

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

On November 22, 2018, the Defendant: (a) called, at the head office and branch of the Kwikset Co., Ltd. located in the Kwikset-si B, to the effect that “the Defendant will carry out a loan by accumulating the transaction performance by accumulating the transaction performance.” (b) sent two physical cards connected to each of the bank accounts in the name of the Defendant (E) and the same name Financial Cooperative accounts (G) via Kwikset-based Articles.

Summary of Evidence

1. Defendant's legal statement;

1. He/she shall prepare a statement of the truth-finding ( any account transfer inquiry, - a statement);

1. Application of statutes concerning the provision of financial transaction information;

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. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The means of access transferred by the defendant was used for the crimes of singing.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant was not able to take advantage of the crime of this case.

There is no record that the defendant is subject to criminal punishment for the first offense.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

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