logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2017.06.23 2017고단259
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall lend any access medium while promising to make a price.

Nevertheless, on January 2017, the Defendant promised to receive KRW 500,000,00 from his name in the middle of the month when he borrowed the check card under the name of the Defendant, and sent the check card, which is linked to the account of the National Bank (Account Number B) in the name of the Defendant, to the non-resident in Seoul, at the bus terminal located in the middle of Seosan-si, Seosan-si, 100 in the middle of Jan. 2017.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transactions (victim C and Saemaul Treasury);

1. Application of the Acts and subordinate statutes to a warrant of search and inspection;

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. In light of the fact that the instant crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, not only harms the safety and trust of financial transaction, but also can be abused as a means of other crimes, and the card lent by the Defendant is also used for the actual crime, it is necessary to strictly punish the Defendant.

However, the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the wrong, the defendant has no criminal record for the same kind of offense, the age, sex, environment, criminal records, criminal records, the circumstances of the crime, the result of the crime, and the circumstances after the crime.

arrow