logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.07 2016고단3798
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

On February 2016, the Defendant, at the Defendant’s residence located in Suwon-si B building 205, received 5 million won per personal name from the non-person, and sent the physical card connected to the bank account (Account Number C) in the Defendant’s name to the above non-person through Kwikset Service’s article, and transferred the physical card, which is the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes governing entry of account details;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the means of access that the Defendant transferred was used for the scaming crime, but on the other hand, considering the fact that the Defendant was a primary offender and a criminal act, the amount of the defrauded money from the scaming deposited in the Defendant’s account is not much than 4.5 million won, the number of times of lending the means of access was limited to one time, and it is difficult to view that the Defendant was able to use the means of access as a means of crime, and the Defendant also was aware that the transferred means of access would be able to be used as a means of crime, taking into account the favorable circumstances in which the Defendant transferred the said means of access and transferred the said means of access to one million won, thereby causing damage to remitting one million won as a means of crime.

arrow