logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.03.21 2018고단1341
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

In using and managing the means of access, no one may borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around April 27, 2018, the Defendant accepted the proposal that “a card is required to avoid the payment of taxes. If only 30,000 won is lent, 2.1 million won shall be sent to the Defendant.” On the same day, around 12:25, the Defendant sent a physical card connected to the D Association Account (E) in the name of the Defendant in Ansan-si, and then notified the above person who has failed to obtain the name of the Defendant of the password by using mobile phone letters.

Accordingly, the Defendant loaned the means of access upon demanding compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Investigation report (Attachment, such as details of inquiries about the invoice number);

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is a crime detrimental to the safety and trust of financial transaction.

The leased cards, etc. can be abused as a means of other crimes, and the Defendant's lending cards have been actually used for fraud crimes.

The Defendant committed the instant crime during the period of repeated crime.

A favorable normal condition: The defendant recognized a mistake and reflects it.

The crime of this case seems to have failed to obtain the benefit.

There is no record of punishment for the same crime.

The punishment shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime.

arrow