logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.03.14 2019고단144
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, around October 16, 2018, the Defendant: (a) heard the horses that “the Defendant sent the troke card to give comments to publicize illegal gambling sites; and (b) at the entrance of the new village located in Seodaemun-gu Seoul Metropolitan Government, he sent one check card connected to the Defendant’s name B bank account (C) account.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to reply to a warrant of search and seizure;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. It is necessary to strictly punish the act of transferring the means of access to sentencing under Article 62(1) of the Criminal Act as a means of other crimes, and the means of access in this case that the Defendant lent was used for the crime of fraud.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's confession of crime, the fact that the defendant is the primary offender, the defendant's age, character and conduct, environment, motive of crime and circumstances after the crime, etc., as shown in the argument of this case, shall be determined by considering the following factors.

arrow