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(영문) 부산지방법원 2019.09.05 2019고단2749
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

In using and managing a means of access, no one shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, at around 11:00 on August 10, 2018, the Defendant lent one physical card to a person in non-name, in front of the Busan Jung-gu B building, the Defendant borrowed three physical card under the name of the Defendant, on condition that he receives KRW 2,00,000 per sheet, and notified the Defendant of the number of each physical card using Kwikset and the password of each physical card using Kwikset Service, each of which is linked to the Defendant’s name C Union account (Account Number: D), E Bank account (Account Number:F), and G Bank account (Account Number: H).

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against the accused and I;

1. Application of Acts and subordinate statutes concerning police statements to J;

1. Relevant Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria are not applicable because of the choice of fines to apply the sentencing criteria. 2. The sentencing criteria are as stated in the order, taking into account the motive for the crime in this case of sentencing, the confession and degree of reflection of the accused, the criminal records (in 2007, the records of fines for the crime of violating the Road Traffic Act due to driving under the influence of alcohol, and the criminal records, age, and family conditions, etc.

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