logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.23 2017고단6871
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 July 6, 2017, the Defendant: (a) received a proposal from a person without his/her name to “be given three million won per month to an account necessary for the operation of the sports Saturdays; and (b) accepted it; (c) opened a physical card connected to the bank deposit account in the name of the Defendant via Kwikset service in the south-gu Incheon Metropolitan City through Kwikset service article (D); and (d) on July 7, 2017, at the same place, opened a physical card connected to the bank account in the name of the Defendant through Kwikset service article (E) on the same condition to the person without his/her name.

As a result, the Defendant promised to receive the price and used the approach media respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A petition, a statement of transfer, a details of transaction, and an application for opening an account;

1. Application of the Kakao Stockholm Act to the content of conversation;

1. Article 49 (4) 1 of the Act on Electronic Financial Transactions and Article 49 (4) 2 of the Act applicable to the pertinent criminal facts and the applicable law to the written indictment for the selection of punishment. Since the phrase “Article 49 (4) 1 of the Electronic Financial Transactions Act” is deemed to be a clerical error in Article 49 (4) 2 of the Electronic Financial Transactions Act, it shall be corrected without any changes in the indictment.

Article 6(3)2, Selection of a fine

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 20 million won;

2. The sentencing criteria are not set for a violation of the Electronic Financial Transactions Act in which the sentencing criteria are not set;

The sentencing guidelines shall not apply to the case of fine of KRW 3 million: The crime of this case was committed after opening an access medium under the name of the defendant for the purpose of receiving compensation, and the nature of the crime is not good. The access medium so transferred is used for a crime of great social harm, such as singing, illegal sports gambling, etc., and the damage caused by the crime of this case is not compensated.

arrow