logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.05.25 2018고단1077
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

On October 22, 2017, the Defendant: (a) received a proposal from a person in unsound name from a person who was in the name of the Defendant to “be given KRW 3 million to one account on a face-to-face account that is not used for tax reduction or exemption; (b) sent a check card connected to the Defendant’s name bank account (Account Number (Account Number (B) around the same Si-Namnam University on October 24, 2017, and sent the account number and password to a person who was in the name of the Defendant through Kwikset and notify him of the account number and password.

In this respect, the defendant agreed to pay for the consideration and lent an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of transfer, inquiry into customer basic information, notification of financial transaction status, and application of Acts and subordinate statutes on the statement of account classification;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is used as a means of crime such as singing, singing, etc., as well as impairing the safety and trust of financial transaction. In light of the fact that the cream card leased by the Defendant was used for the actual fraud crime, it is necessary to punish the Defendant solemnly.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age and sexual conduct, reflects the defendant's wrong, there is no record of criminal punishment, and the defendant seems to have no profit from the crime of this case, and the defendant's age and sexual conduct.

arrow