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(영문) 창원지방법원 통영지원 2017.03.30 2017고단26
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer any access medium in using and managing the access medium.

Nevertheless, on October 2016, the Defendant received the word “1.5 million won in a Tong-gu and 2.3 million won in a cell phone,” from a person in a false name,” and received 3 million won in contact with a person in a false name, and around October 22, 2016, at around 11:00, the Defendant issued to Kwikset service articles, which are linked to the Defendant’s name bank (Account Number: C) through the Defendant’s bank (Account Number) and one check, cash card, one security card, and one bank (Account Number: D) linked to the account, and one cash card, one cash card, one cash card, one security card, and one security card.

Accordingly, the defendant transferred the access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. E’s written petition;

1. Application of Acts and subordinate statutes, such as trading statements;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. The act of transferring electronic financial transaction access media to another person on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment can cause damage to many and unspecified persons as it can be used for crime, and the account actually linked to the access media that the Defendant transferred was used for fraud.

However, it is against the defendant's recognition of the crime of this case, and it seems that there was no profit to the defendant due to this case, and some defrauded transferred money to the defendant's account again.

In addition, all of the sentencing conditions, such as the defendant's age, sex, and circumstances after the crime, are considered as ordered.

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