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(영문) 대전지방법원 서산지원 2018.10.18 2018고단604
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer, request, or promise to transfer, receive the price in return for the use and management of any access medium under the Electronic Financial Transactions Act.

Nevertheless, around March 2018, the defendant introduced himself as the "head of the team leader of a liquor company B" at the end of the end of the year, and the account needs to be divided by dividing the amount into a tax issue as the amount is large.

On the 26th day of the same month, Kwikset service article, through Kwikset service article in the old city near Swikset-si, lent the access media with a promise to pay for the following: (a) one copy of Kwikset-line Card (Connection Account Number: D) of the company bank in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Certificates of transfer results;

1. Application of Acts and subordinate statutes to report internal investigation (as to replys to warrants);

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on the elective Financial Transactions and Articles 49 (4) 2 and 6 (3) 2 (Selection of Penalty) of the same Act;

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 electronic financial transaction access media transferred or lent to a third party can be used for fraudulent crimes, such as licensing, etc., which may cause damage to many and unspecified persons. In fact, considering the fact that the access media that the Defendant lent to a third party actually used for the fraudulent crime, causing damage, it is necessary to severely punish the accused.

However, there is no criminal record other than punishment of a fine of KRW 300,000 for fraud in 198, and it seems that there is no profit acquired by the defendant due to the crime of this case, other than the defendant's age, sex, environment, motive and circumstance of the crime, etc.

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