logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.09 2018고단1034
전자금융거래법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

On June 29, 2017, the Defendant: (a) received a proposal from a person under whose name the third floor B office in Bupyeong-gu Incheon, Bupyeong-gu, B, to the effect that “to obtain loans by raising the transaction performance; and (b) if sending the e-mail card, it would give the loan after counting the transaction performance record; and (c) sent one copy of the e-mail card connected to the new bank account (D) in the name of the Defendant through Kwikset Service, and instead substituted it by sending it to a person under whose name the e-mail was named.

As a result, the Defendant promised to receive an intangible expected profit to receive a loan and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on response materials by financial institutions;

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 access media issued by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is highly likely to be used as a means of other crimes, such as scam, etc. Meanwhile, the crime of this case is committed by promising the Defendant to receive an intangible expected profit available for a loan and lending the access media. The Defendant did not intend to obtain direct benefit, such as rent, etc., the Defendant is against the instant crime; the Defendant is punished for the same crime; the Defendant has no record of being punished for the same crime; the number of access media transferred by the Defendant; the Defendant’s age, sex, sex, environment; the motive and process of the instant crime; the means and method of the instant crime; and the circumstances after the crime, etc., shall be determined by taking full account of the following factors:

arrow