logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.01.24 2016고단2310
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

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions.

On September 2016, the Defendant listened to the speech that “When sending a e-mail card, the Defendant would give KRW 2 million per unit,” and transferred the access media by delivering the e-mail card and password connected to the company bank account (B) and the company bank account (C) to the Defendant via Kwikset’s 101 unit service, around September 20, 2016, on the 13:0, 201, the e-mail 2nd apartment on the 3:3:0, 300, 300, 300, 300,000,000,000 won per unit.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the act of transferring an electronic financial transaction access medium to another person may cause damage to many and unspecified persons as it can be used for fraud crimes, such as licensing, etc., and the account of the access medium transferred by the Defendant was used for the crime, thereby causing damage.

However, the defendant's mistake is recognized and against himself, the damage of one of the two victims is recovered, and the defendant has no record of being punished for the same kind of crime, and the defendant's age, sex, environment, circumstances and details of the crime, and circumstances after the crime are determined as ordered by considering various conditions of sentencing as shown in the arguments, such as the defendant's age, sexual behavior, environment, circumstances after the crime.

arrow