logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.07.13 2017고단3243
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

Except as otherwise provided for in other Acts, no person shall borrow or lend any access medium with the intention of receiving, demanding or promising any compensation.

Nevertheless, on March 30, 2017, at around 17:56, the Defendant received benefits of KRW 150 to 2 million in return for using the Defendant’s account in the name of the sports company from a person who misrepresented the employees of the sports company to the deposit account of the company between the month in which he/she used the Defendant’s name. Through Kwikset service article, the Defendant sent two check cards connected to the Defendant’s corporate bank account (C) and the New Telecommunication (D) through Kwikset service article, and notified the password by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of transactions of deposits and withdrawals, and data on replies to corporate banks;

1. The application of Acts and subordinate statutes to reply to financial transaction information;

1. Article 49 (4) 2, Article 6 (3) 2, and subparagraph 1 and 10 of Article 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant was subjected to indictment twice only for the same crime in 2016, the Defendant transferred the access media of this case under other names, thereby committing the crime of this case again. While predicting the possibility of being used for illegal transactions for pecuniary gain, the Defendant committed the crime of this case, thereby impairing the financial transaction order.

The access media was actually used for fraud crime, and the third victim was blicked.

However, the Defendant is against the instant crime.

(b) other.

arrow