logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.05.14 2018고단451
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

No person shall lend any access medium while demanding, demanding or promising to receive compensation in using and managing access media under the Electronic Financial Transactions Act.

Nevertheless, on December 2017, when the Defendant sent the e-mail card on the front of the Defendant’s house located in Daegu-gu Office of Month B, the Defendant sent the e-mail card to the nameless person who would bring the loan by accumulating the transaction performance, and sent the e-mail card to Kwikset service, which is linked to the e-mail’s account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit receipts and details of deposit and withdrawal transactions;

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. Strict punishment is required for acts such as lending media access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which can be abused as a means of other crimes, such as scam, etc.

In fact, there was fraud damage in relation to the access media that the defendant lent.

However, the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no criminal history, etc. are considered as favorable circumstances.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as the order.

arrow