logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.06.15 2018고단361
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

Except as otherwise provided for in any Act, no one shall transfer, take over, or establish a pledge on any means or information used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of users and the details of such transaction (hereinafter referred to as "Access medium").

Nevertheless, the Defendant received a text message of KRW 1 million a day from a face-to-face card and sent it to the Defendant, and on October 12, 2017, around 13:00, the Defendant transferred the access media by sending one physical card to the name-to-face account of the Saemaul Treasury in the name of the Defendant through Kwikset’s service articles in front of the North-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Swikset (C) around October 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of transaction specifications, transaction details, and statutes;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

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

1. In light of the fact that the crime of transfer or lending of an access medium under the Electronic Financial Transactions Act for the reason of sentencing under Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes, the case is not easy, and the access medium provided by the defendant with a considerable amount of consideration has been actually used for the crime, on the other hand, the defendant confessions and reflects the crime of this case, and has no criminal record against the defendant, and other circumstances revealed in the record and the change theory of this case are determined as ordered.

arrow