logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.08.25 2017고단1109
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

[Criminal history] On January 11, 2017, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (motor vehicle drivers' assault, etc.) at the Jeonju District Court and the judgment became final and conclusive on January 19, 2017.

[Criminal facts] No person may borrow or lend an access medium to electronic financial transactions while demanding or promising payment.

Nevertheless, the Defendant received a proposal from a person under whose name he/she was unable to send one physical card, stating that he/she would give KRW 2 million in the month, and around December 23, 2016, the Defendant sent one physical card connected to the new union account (D) opened in the name of the Defendant under the name of the Defendant at Kwikset on December 23, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificates of deposit transactions;

1. Data on response to signals;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and investigation report (the confirmation of crimes committed before a final and conclusive judgment);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Under Article 334(1) of the Criminal Procedure Act, the act of transferring or lending to another person electronic financial transaction access media may cause damage to many and unspecified persons because it can be used for fraud crimes, such as licensing, etc. In fact, the account of access media lent by the Defendant was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, that the defendant has no record of criminal punishment for the same kind of crime, and that the crime of this case is related to the crime for which judgment has become final and the crime of this case and ex post facto concurrent crimes, and thus, the equity with the case should be considered

. The above.

arrow