(영문) 서울중앙지방법원 2018.01.25 2017고단9122

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.01.25 2017고단9122

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 any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on September 4, 2017, the Defendant received a proposal from a person who is not in the name of Jung-gu, Seoul to “D” by telephone from a person who is in the name of Jung-gu, Seoul, and consented to the proposal, and then notified the person who is in the name of the Defendant to the telephone the password connected with the bank account (E) of the name of the Defendant, and sent one copy of the check card connected with the above bank account to the above bank account and substituted it.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes on official receipts and account details;

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. The circumstances after the crime are not good in that the Defendant’s access media that was leased to the Defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act was used for a serious crime of Bosing and infringing on the credibility of the safety performance of electronic financial transactions.

However, it is so decided as per Disposition by taking into account the following factors: (a) the Defendant did not participate in the above licensing crime; (b) the Defendant led to confession and misjudgment; (c) the Defendant is the primary offender; (d) the Defendant did not have actually acquired any consideration; and (e) the circumstances leading to the instant case on one occasion due to the fact that the Defendant was committed and other circumstances after the commission of the crime; and (e) the Defendant’s age, family relationship, environment

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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