logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.12.19 2018고단1896
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one may lend an access medium to electronic financial transactions with the knowledge that it will be used for a crime. However, on March 2018, the Defendant sent a physical card connected to the four accounts from a person without his/her name via his/her mobile phone to a third party, and on March 18, 2018, the Defendant sent the physical card to a third party, who sent the physical card connected to the Defendant’s No. 1 in the Sungdong-gu, Daegu-gu, Seoul-gu, and then sent the password of the said physical card to a third party by telephone, and the nameless person was notified of the password of the above physical card by telephone.

Accordingly, the defendant, knowing that he will be used in the crime, lent the access media of electronic financial transactions to a nameless person.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of internal investigation reports (attached to suspect AKakao Stockholm dialogue content), withdrawal ctv statutes

1. Articles 49 (4) 2 and 6 (3) 3 of the Act on the Electronic Financial Transactions and Trade in question; the selection of imprisonment for a crime;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an element of sentencing unfavorable to the Defendant, such as not only impairing the safety and trust of financial transactions, but also making the leased cards, etc. misused as a means of other crimes, and the fact that the cards, etc. leased by the Defendant were used for the actual fraud.

On the other hand, the fact that the defendant led to the crime of this case and is divided, and there is no significant benefit from the crime of this case, and that there is no record of punishment or fine exceeding the punishment of the same crime of this case, etc. are factors of sentencing favorable to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and all the circumstances constituting the conditions for sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

arrow