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(영문) 수원지방법원 2018.09.11 2018고단3058
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

No person shall lend any access medium in promising to receive any consideration in using and managing the access medium for electronic financial transactions.

Nevertheless, the Defendant, at the end of January 2017, issued a proposal that “The previous businesses will re-register the business operator by adding the cosmetic wholesale and travel to the previous businesses, and will be able to raise the credit rating and raise the amount of the head of the Tong at the face of the city,” and promised to lend the head of the Tong and receive compensation.

On February 6, 2017, the Defendant issued to F through head of Tong, C Multi-household 103, IBK Bank E account opened in the name of Suwon-si, and received KRW 1.4 million in return for the issuance to F through head of Tong, CB card, password, and OTP generating machine B, and received KRW 1.4 million in return for the issuance to F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, B, and F;

1. Statement made to the police with H;

1. Application of Acts and subordinate statutes on account transaction details, business registration certificate, issuance of tax invoices, and IP details, customer basic information inquiry, and application of account specification table;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of a selective fine for punishment (the following circumstances are taken into consideration: (a) the defendant repents and reflects the crime of this case; (b) there is no record of criminal punishment for the same kind of crime; and (c) while the defendant gives and receives KRW 1.4 million in return for lending access media;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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