logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.01.31 2017고단4182
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall transfer or take over any access medium, or lease or lease any access medium in return for promising to receive any consideration.

Nevertheless, on July 7, 2017, the Defendant: (a) received a written message from a person without his/her name to use for three days when lending an account; (b) lent a medium of access to the account to acquire cash; (c) sent a password to a person without his/her name to the credit cooperative account under the name of the Defendant by telephone on July 10, 2017; and (d) issued a personal check card connected to the credit cooperative account under the name of the Defendant to the person without his/her name to the person without his/her name by telephone on July 14:53, 2017; and (b) issued the personal check card to the person with no name via a non-name-based online program at his/her residence in Spocheon-si C at around 16:17.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the accused;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a new bank transaction confirmation certificate, search and seizure verification warrant and reply data;

1. Relevant Article and Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning the facts constituting an offense (or punishment by imprisonment);

1. The reason for sentencing under Article 62(1)(a) of the Act on the Suspension of Execution (to set the sentencing guidelines) of the Criminal Act (the following favorable circumstances) is that the Defendant lent the physical card and password, which is an access medium, in return for the Defendant’s promise to pay. Such an access medium lending is not only detrimental to the credibility of the safety performance of electronic financial transactions, but also may be abused for other crimes, such as “singing, etc.” and thus, it is necessary to strictly punish the act.

In fact, the damage was incurred due to the use of the access media lent by the defendant for the crime of Bosing.

However, the defendant himself.

arrow