logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2018.11.29 2018고단2077
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall transfer any access medium under the Electronic Financial Transactions Act.

Nevertheless, on March 30, 2018, the Defendant transferred one e-mail card connected to the Defendant’s bank account (D) to e-mail officers at the convenience store located in the Gyeonggi Games B, around 17:10 on March 30, 2018.

Accordingly, the Defendant transferred the access media under the Electronic Financial Transactions Act.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

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

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the access media transferred by the Defendant was used for the phishing crime, etc. that is disadvantageous to the Defendant.

However, the defendant's recognition of the crime of this case is against the defendant, most of the amount of damage is refunded to the victim, and there is no record of criminal punishment, etc. shall be considered as a favorable condition to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.

arrow