logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.11 2018고단145
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 expressly provided for in other Acts, no person shall borrow or lend any access medium while demanding, demanding or promising the consideration in using or managing the access medium.

Nevertheless, around September 25, 2017, the Defendant agreed to receive KRW 3 million per month from a person in the name in the name of the Defendant in return for the lending of the check from the person in the name of the Defendant to the third-month, and lent the access media by informing Kwikset service article about the name in the name of the Defendant through Kwikset Service article, and promising to notify the password by telephone and receive the price.

Summary of Evidence

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

1. A written statement;

1. Investigation report (to hear statements by suspect A, and report), telephone recording CDs;

1. Tables of transaction details and replies to requests for provision of financial transaction information;

1. Application of Acts and subordinate statutes of E photograph (Evidence No. 16);

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

1. The act of lending an electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only an act of impairing the trust in electronic financial transactions, but also an act of causing damage to a large number of victims by using the leased access medium for a criminal act such as telecommunications financing fraud.

The defendant's leased access media has actually been abused in criminal acts and has caused damage.

On February 2, 2014, the Defendant again committed the instant crime even though he/she had the record of being suspended from indictment on September 29, 2014 and October 29, 2014 by transferring a cash card.

However, the fact that the defendant's life leads to the crime, the fact that the investigative agency recognizes his mistake, and the crime.

arrow