logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 남원지원 2021.02.02 2020고정34
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

[criminal history] On June 2, 2020, the Defendant was sentenced to a suspended sentence of two years on June 10, 2020 to imprisonment with prison labor for night residence larceny in the support of the Southern District Court of the Jeonju on June 2, 2020, and the judgment became final and conclusive on June 10, 2020. On September 1, 2020, the Defendant was sentenced to four months of imprisonment with prison labor for residential intrusion in the support of the Southern District Court of the Jeonju on September 1, 202.

[Criminal facts] No person shall lend an access medium while receiving, demanding, or promising payment.

Nevertheless, on October 23, 2019, the Defendant received a proposal from a person whose name is unknown, stating that he would give a loan if he sent a e-mail card from a person who is unable to know, and accordingly, around 12:10 of the same day, the Defendant sent a copy of the e-mail card connected to the Nong Bank’s account in the name of the Defendant to the said person in front of the Namwon-si, the employee of the Defendant, at around 12:10 of the same day.

Accordingly, the Defendant promised to pay for the price and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Data on details of transfer;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, inquiry of summary information, copy of the judgment No. 2020 high group of 2020 high group of support and copy of the judgment No. 182 high group of 2020 high group of support, and copy of the statutes governing South

1. Article 49(4)2 and Article 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297 of May 19, 202) on criminal facts and the selection of fines for the choice of punishment

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The act of lending an access medium for electronic financial transactions on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act can be used as a means of serious different crimes, since the act of lending an access medium for electronic financial transactions under the grounds of sentencing is likely to impair the credibility of the safety performance of electronic financial transactions and undermine social harm, such as singing, gambling, tax evasion, etc. Therefore, it is necessary to strictly punish such act. The access medium leased by the Defendant was used for singishing crimes, and thus, the second.

arrow