logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.11.14 2017고정1360
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person shall transfer a medium of access under the Electronic Financial Transactions Act in using or managing such medium.

Nevertheless, around April 28, 2017, the Defendant received three million won from a person who was unaware of his name in the Dongdaemun-gu Seoul Dongdaemun-gu 392-4 No. 392-4, Dongdaemun-gu, Seoul, and delivered the No. 3 million won account in the name of the Defendant, the access media, and the physical card to a person who was not aware of his name.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading;

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) 1 and Article 6 of the Act on Electronic Financial Transactions through which a fine is selected;

1. The crime of this case for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with the custody of the Nowon-gu Prison is not only prejudicial to the trust and safety of financial transactions, but also allowing access media transferred by the crime to be used for all kinds of criminal acts. Thus, the nature of the crime is not weak, and the defendant has no record of criminal punishment for the same kind of crime, and the punishment is determined as ordered in consideration of the sentencing conditions set forth in the trial of this case.

arrow