logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.06.26 2018고단1485
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Criminal facts

No person shall lend any access medium with the promise of compensation in using and managing access medium for electronic financial transactions.

However, on March 15, 2018, the Defendant received a proposal that “if one account is a liquor company and one account is lent to 30,000,000 won per one account,” from the person without the name of the Defendant, and consented thereto, around 17:00 on the same day, the Defendant sent three copies of the physical card connected to the Defendant’s new bank account (B), the bank account (C), and the SC Japan bank account (D) and sent three copies of the personal identification number to the person without the name of the address and sent it to the Kakax.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the text and the Acts and subordinate statutes governing the transport package photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Each of the provisions of Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act (excluding punishment);

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act / [Disadvantageous circumstances] / The defendant illegally lent his/her check to the defendant is used for committing a crime of telephone financing fraud (or a favorable circumstance], and there is no benefit for the defendant to acquire it; the first crime;

arrow