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(영문) 서울남부지방법원 2018.08.29 2018고단1874
전자금융거래법위반
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on October 15, 2017, the Defendant received letters from the person without his name and lent the access medium to the account, and sentenced him to acquire the cash of KRW 2 million. On the same day, the Defendant sent the check card to the Kwikset service engineer who sent his name in his name to the Kwikset service engineer in Jung-gu Seoul, Seoul, and sent it to the Kwikset service engineer who sent the name in his name in his name, and notified the cell phone password in his mobile phone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Provision of a written financial transaction information (Inquiry, etc. about personal information of customers);

1. Application of the receipt statute

1. Relevant Article of the Act and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions through which criminal facts are subject to the option of punishment (the point of lending access media and the selection of fines);

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The crime of this case is not deemed to be a crime by leasing the medium that can be used for the so-called Bosing crimes or the Internet fraud crimes.

The issue is that the access media, such as the physical card, lent by the defendant, actually used for the crime of fraud, causing monetary damage to the victim.

shall not be deemed to exist.

The favorable circumstances: there is no record of criminal punishment against the defendant.

The aforementioned circumstances and the records of this case, including the circumstances leading the Defendant to the instant crime, the method and content of the crime, the circumstances after the crime, and the age, sex, and environment of the Defendant.

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