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(영문) 서울서부지방법원 2017.05.24 2017고단539
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No person shall lend any access medium while receiving, demanding or promising to receive compensation.

Nevertheless, around 16:45 on November 29, 2016, the Defendant: (a) lent a physical card connected to the bank account from a non-nameless person before the restaurant in Mapo-gu Seoul Metropolitan Government; and (b) accepted the proposal to pay KRW 300,000 per annum per house; and (c) delivered a physical card connected to the Defendant’s name bank account (D) and the Defendant’s corporate bank account (E) via Kwikset Service Articles, one copy of the physical card connected to the Defendant’s name-based bank account and one copy of the bank account to be sent to the above non-nameless person; and (d) sent the password to the phone.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected;

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 crime of lending an access medium to electronic financial transactions for the reason of sentencing under Article 334(1) of the Criminal Procedure Act becomes a means to facilitate other crimes against many unspecified persons, such as electronic financial fraud. In light of the fact that the access medium provided by the Defendant was actually used to commit the electronic financial fraud, the crime is one of the criminal liability, but the Defendant’s mistake is against his/her own mistake, the primary offender is the primary offender, and the Defendant’s age, gender, environment, health conditions, etc., as indicated in the records, shall be determined as ordered by the sentence.

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