logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.16 2018고단1607
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium while receiving, demanding or promising to receive any consideration in using or managing any access medium used in electronic financial transactions.

Nevertheless, on September 2017, the Defendant paid 1 million won per account from a person in the name of the first police officer on September 2017 and leased the card for one week.

Transmission of Kwikset

(C) On the same day, in the Seo-gu Incheon Swik-dong Swik-dong, Kwikset sent a check connected to the new bank account (C) in the name of the defendant through Kwikset-dong, Incheon, through Kwikset-dong service article, and received 90,000 won from the above person in non-name to the defendant's name.

Accordingly, the defendant paid the price and lent the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements of D;

1. A written confirmation of transfer transactions and a printed out of dialogue;

1. Application of Acts and subordinate statutes to details of response based on account tracking;

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 access media leased by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is highly likely to be used as a means of other crimes, such as Bosing, etc. In fact, the use of the access media was intended to acquire some criminal proceeds in return for lending the access media. Meanwhile, the Defendant reflects the instant crime, the primary offender is the number of access media transferred by the Defendant, and other Defendant’s age, sex, environment, and the instant crime.

arrow