logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.03.15 2017고단8589
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, on September 2017, the Defendant promised to receive KRW 300,000 per month from a person in a name in the name of the trade company who assumes the position of the member of the trade company in return for the lending of the account to be used for tax evasion from the person who assumes the position of the member of the trade company and lent the access media by promising to notify the name in the name in the name of the defendant through Kwikset service article of the password and receive the password by telephone.

Summary of Evidence

1. Application of Acts and subordinate statutes to the details of response to financial transaction information in police statements E in the defendant's legal statement;

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) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium in a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be determined as ordered by taking into account the fact that the defendant's mistake is recognized, there is no benefit acquired by the crime, and there is no record of criminal punishment.

arrow