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(영문) 광주지방법원 순천지원 2018.05.10 2017고단2909
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In using and managing access media, no one may transfer or take over access media unless otherwise specifically provided for in other Acts, and the Defendant received a text message stating that “as a result, he/she purchases three million won per head of the Tong, and three shall purchase at 10 million won per head of the Tong,” and the Defendant agreed to transfer the passbook by contact with the person in the name of the deceased.

On April 1, 2017, the Defendant sent the name in front of a credit terminal in the name of the Defendant through Kwikset Service, which was sent by the non-persons on the road in front of the credit terminal in the name of the Defendant, and opened a copy of the physical card connected to the name of the Defendant’s Saemaul Bank account (Account Number: Account Number) and a physical card connected to the same name (Account Number: Account Number) account in the same name and a new bank account (Account Number: D) account in the same name.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Notice of data on current status of financial transactions and a certificate of deposit verification;

1. Application of Acts and subordinate statutes for investigation reporting (transfer account specified);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The electronic financial transaction access media that transferred to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment may cause damage to many and unspecified persons because it can be used for fraudulent crimes, such as Bosing, etc., and the account of the access media actually transferred by the defendant has been used for the crime of fraud, it is necessary to severely punish the defendant.

However, all of the crimes of this case are recognized by the defendant and reflects his mistake in depth, the defendant seems to have no profit from the crime of this case, and the defendant has no record of the same crime.

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