logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.04.19 2018고단591
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 other Acts, no person shall borrow or lend any access medium while receiving, demanding or promising to receive, demand or promise to use or manage the access medium.

Nevertheless, on September 8, 2017, the Defendant would give KRW 2,100,00,000 for three days, one day from a person who has no name in the name of Gwangju Metropolitan City (hereinafter referred to as "B Company C Representation") from a person who has borrowed the C Card, and KRW 70,000,000 for three days.

“On the 15th day of the same month in receipt of the text message, the message sent one physical card connected to the Nong Bank account (Account Number:F) in the name of the Defendant in Gwangju-gu, Gwangju-gu and then sent the password to the name in secret, and then sent it to the Kakao Stockholm message.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes governing the statement of transactions prohibited from automatically entering and withdrawing cash;

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

1. The act of lending a medium of access to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment since it can be used as a means of other crimes. The Defendant lent the instant access medium to the Defendant was also used for fraud.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the fact that the defendant reflects the mistake, the fact that the defendant has no record of criminal punishment, the defendant has not acquired any benefit from the crime of this case, and the age, sex, environment, motive for the crime, circumstances after the crime, etc. specified in the arguments of this case, shall be determined as follows.

arrow