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(영문) 대전지방법원 천안지원 2018.08.21 2018고단1612
전자금융거래법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall lend any access medium to financial institutions while demanding, demanding or promising the consideration.

Nevertheless, on May 17, 2018, the Defendant received a proposal from a person under whose name it was called "B" to the effect that "on the face of a week to lend a e-mail card for the purpose of tax reduction or exemption, using it for three days at the face of the week to use it for 80,000 won" through a text message and Kakakao Stockholm, etc., and sent a letter of the e-mail card connected to the Defendant's name to the e-mail account (E) around May 21, 2018, the Defendant sent one copy of the e-mail card connected to the Defendant's name to the e-mail account.

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. The document and written statement of the F;

1. Detailed statement of transactions of automation machinery;

1. A report on internal investigation (as to the statement of the victim)

1. Application of the details of transactions of self-reliance deposits statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Lending media access to electronic financial transactions need to be strictly punished as a means of other crimes. In reality, even in this case, the circumstances in which the access media leased by the defendant was used for the crime of fraud are recognized and reflected: the defendant's age, sex, environment, motive, means and consequence of the crime; and the defendant's age, sex, motive, means and consequence of the crime are determined by taking comprehensive account of the circumstances before and after the crime.

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