logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.02.02 2015고단4486
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no one shall issue a transaction instruction in electronic financial transactions, transfer or take over any access medium to secure the authenticity and accuracy of users and the details of such transaction, or lease or lend any access medium for purposes of using it for a crime.

Nevertheless, on April 2015, the defendant sent a passbook and a e-mail card to the Korean trading bank because the phone number that begins to 070 from a place which was not a police officer in the middle of 2015 and "on the face of the head of the Tong who intends to be exempted from corporate tax, he/she borrowed the head of the Tong, with the result of lending the head of the Tong."

In other words, for the purpose of obtaining a loan from the horses, the “Cock Card, which is an access medium connected to the one bank account (B) in the name of the Defendant, and the passbook, passbook, and password, were delivered to the needy through Kwikset Service Articles, and transferred an access medium.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the defendant, C, or D;

1. E statements;

1. Application of Acts and subordinate statutes to search and seizure warrant data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions (a point of the acquisition by transfer of an access medium) concerning the facts constituting an offense under the relevant Article of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, despite the fact that the defendant had been punished three times for the same crime, and in addition, even though he had the record of being accused of being sentenced three times, he/she takes over the access media, such as the physical card and password, although he/she is doubtfully suspected that the bank has a face-to-face loan by putting him/her out of the passbook, and there is an illegal suspicion that he/she would have a face-to-face loan. The above access media is used for the singishing crime, and the social harm is not significant, and the defendant misleads his/her own fault.

arrow