logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.05.26 2017고단559
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 transfer any access medium to any third person in using and managing the access medium.

On September 4, 2015, the Defendant sent cash cards, which are access media connected to the company bank account (D) in the name of the Defendant, to Kwikset service, at the office located in Full-gu Seoul Metropolitan City, Jeon-si, Seoul, and transferred its access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A trading statement;

1. Application of Acts and subordinate statutes to each investigation report (related to specific criminal use number, results of execution of a warrant of search and inspection for tracking a financial account);

1. Article 49(4)1 and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding the selection of punishment

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

1. Under Article 334(1) of the Criminal Procedure Act, transfer of the electronic financial transaction access medium to another person due to unfavorable reasons for sentencing of Article 334(1) of the Criminal Procedure Act may cause damage to many and unspecified persons as it can be used for a crime, and the actual account of the access medium that the Defendant transferred was used for fraud.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and that the defendant is the first offender.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

arrow