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(영문) 인천지방법원 부천지원 2018.10.04 2018고단2027
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 transfer or acquire any access medium in using or managing any access medium to electronic financial transactions.

Nevertheless, on April 2018, the Defendant received a text message from a person who assumes a false name as a loaner and contacted the nameless person with the message that he/she would lend KRW 2 million to him/her. “On the ground that the borrowed goods are illegal at a high interest rate, it does not normally lend a loan, and if the loan is approved and the loan enters the account, the Defendant sent the check card with his/her interest and principal deducted.

(C) Upon receiving the request of “,” and accepting it, Kwikset Service Articles who sent the above name in front of Kimpo-si B, Kimpo-si, and then transferred the above account password to the Defendant’s service article via Kwipo-si’s bank account (C), and notified the above name influsium to the above name influsium, and transferred the above account password via KKakao Stockholm.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Investigation report (verification of CCTV at the point of withdrawal);

1. A description of the financial transaction in the principal and the financial trader;

1. The details of telephone conversations and Kakao Stockholm dialogue;

1. Application of the Acts and subordinate statutes to capture CCTV images at the withdrawn point;

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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The defendant obtained illegal loans and transferred its access media. The nature of the crime is not good.

The access media transferred by the defendant was used for the crime of Bosing.

There was no agreement with the Washington victim.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of punishment for the same crime.

In addition, various sentencing conditions, such as the defendant's age, motive and background of the crime, circumstances after the crime, etc., are shown in the records and changes.

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