logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.11.29 2018고단1815
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No one shall lend any access medium with the receipt, demand or promise of compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on June 7, 2018, the Defendant: (a) received a proposal from a person without his/her name to "be given KRW 300,000 per day of lending a physical card to be used for the purpose of the entry and exit of a car in order to use it for the purpose of the entry and exit of a car; (b) received such proposal; and (c) sent a physical card with each of the accounts of a national bank (D) and the accounts of the Busan Bank (E) to a person with no name and sent it to a person with no name using Kwikset, and notified the account number and password.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes requesting cooperation in investigation (request for the provision ofCCTV data), including the place of criminal (in addition to a suspect), report on occurrence, internal investigation report, search and seizure warrant, response to a search and seizure warrant, details of account transactions, investigation report (in relation to an inquiry) and request for cooperation in investigation;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. In the event that an electronic financial transaction access medium is leased on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, it is necessary to strictly punish the leased electronic financial transaction data, as well as the reliability of the safety performance of the electronic financial transaction may be damaged and may be abused for other crimes such as Bosing. In fact, the Defendant’s leased electronic financial transaction access medium is used for the singing crime, and the leased access medium is two.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant seems to have no profit acquired by the crime of this case.

arrow