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(영문) 서울남부지방법원 2018.05.28 2018고단1307
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, the Defendant, on November 23, 2017, lent the access medium to the account by receiving letters from the person without the name of the Defendant, and sentenced him to acquire the cash of KRW 900,000 per day. On the same day, the Defendant sent the Saemaeul Card (B) opened in the name of the Defendant to Kwikset-ro 58Da-ro, Geumcheon-gu, Seoul, Seoul, for the same day, to Kwikset-ro, an article of Kwikset-ro, which was located in the name of the Defendant, 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 against C;

1. Application of Acts and subordinate statutes to verification of transactions through Internet banking (Evidence No. 13 pages of evidence);

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 a medium of access to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act is a serious crime that can be used for a crime such as tax evasion, gambling, and Bosing. The fact that the cream card lent by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

However, the sentence after the selection of fine is determined by comprehensively taking account of various factors of sentencing, such as the fact that the defendant first commits the crime, the fact that it seems that he did not obtain profits from the crime of this case, the favorable circumstances such as the support of the mother, the age and economic situation of the defendant, and the circumstances after the crime.

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