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(영문) 청주지방법원 제천지원 2018.03.29 2017고단439
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

Except as otherwise expressly provided for in other Acts, no person shall lend an access medium with his/her promise to use and manage the access medium.

Nevertheless, the Defendant, at around 21:50 on September 18, 2017, issued a proposal that “the account under the name of another person is necessary to obtain tax reduction or exemption,” from a person in the name in the front of Mat in order to obtain tax reduction or exemption, and 6.5 million won shall be paid upon lending two accounts for 5 days,” and the written indictment that is linked to the one bank account under the name of the Defendant to the name in the name in the Kwikset service article, entered the account number of the Defendant in the form of “H”, but according to the evidence submitted, the Defendant’s Nong Bank’s account number in the form of “E” is deemed to be “E”, and thus, the correction is made as set forth in the text.

The head of the physical card connected to the company lent the access media used in the electronic financial transactions in a dry feascing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to the police officer with respect to F and G;

1. Application of Acts and subordinate statutes to the deposit statement, the detailed statement of each account transaction, the closure of a text message, photographs to cut the Kakao Stockholm, and the response details of single bank financial transaction;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The access media that the Defendant lent was used to commit fraud (phishing).

The favorable circumstances: The mistake is divided.

It seems that there is no benefit gained by the defendant in reality.

The defendant has no criminal history.

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