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(영문) 대구지방법원 서부지원 2018.09.20 2018고단1134
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer any access medium used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, around January 6, 2018, the Defendant transferred the access media to Kwikset Service Articles through the Defendant’s wife, on condition that he/she received a loan of KRW 50 million from the Defendant’s house located in Daegu-gu B, Daegu-gu, 502 from a person whose name is unknown, by informing him/her of the name of the Defendant’s personal identification number as a text message, on condition that he/she received a loan of KRW 50 million from a person whose name is unknown.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. A detailed statement of transactions, personal information about A, and account details;

1. Application of the Kakao Stockholm statute to the contents of the text message received related to the loan, the contents of text message dialogued with the E team leader, and the Kakao Stockholm content dialogued with the E team leader

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. Strict punishment is required as it can be abused as a means of other crime, such as tax evasion, singing, etc., by transferring media access to the grounds for sentencing of Article 334(1) of the Criminal Procedure Act.

In fact, fraud crime was committed in relation to the access media that the defendant transferred.

However, the defendant's age, sex, environment, motive, means and consequence of the crime, as well as the circumstances after the crime, should be considered in light of the favorable circumstances.

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