logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.04.04 2018고단204
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

No person shall lease any access medium used in electronic financial transactions in return for the promise to receive such consideration.

Nevertheless, on July 27, 2017, the Defendant promised to receive KRW 2,00,000 per head of the National Bank Account in the name of the Defendant in return for the lending of the Hanjin-dong, which was located in the Hanjin-dong, in the M. M. on July 27, 2017, for three days, and delivered one head of the physical card connected to the National Bank Account in the name of the Defendant through Kwikset service article, and notified the password of the above physical card.

As a result, the defendant promised to receive compensation and lent an access medium to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Deposits receipt, etc. (one ticket to 13 through 18 of investigation records);

1. Application of Acts and subordinate statutes, such as a certificate of checking the deposit of a refund (the 13th page of investigation record);

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

1. Reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of liability for compensation is not clear, and thus, it is not reasonable to issue an order for compensation in the litigation proceedings of this case): The circumstances in which the Defendant’s access medium is actually used in the criminal act and causing damage as a result of the Defendant’s use in the criminal act: The circumstances are considered as follows: (a) the Defendant was aware of the crime; (b) there was no benefit acquired from the crime; (c) the Defendant was the primary offender; and (d) various other circumstances, including the Defendant’s age, sexual behavior, career, home environment, motive for the crime; and (e) the circumstances after the crime, etc.

arrow