logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.22 2015고단4039
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence1 through 6 shall be confiscated from the accused.

Reasons

Punishment of the crime

On August 18, 2015, the Defendant received a passbook and a physical card from a shipbuilding (one-person C) on his name and kept the passbook and a physical card, and offered a proposal that 300,000 won per day on the face of delivery by the Defendant, and offered to take over the means of electronic financial transactions.

On August 2, 2015, the Defendant: (a) around 13:05, on the E-mail in Silung City D; (b) no one may transfer or acquire the means of electronic financial transactions; (c) under the direction of the non-member of his/her name to send a passbook and a parcel containing a passbook through Kwikset Service, a national bank bank (Account Number: G) and a cash card (credit number: H.); (d) I’s national bank postal card (credit number: J.); (e) K’s bank postal card (credit number: L); and (e) K’s bank postal card (credit number N.) in M’s name from Kwikset service article; and (e) acquired the means of electronic financial transactions in collusion with the above one name C.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor and police interrogation protocol of the accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph seized articles;

1. Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act appears to have been aware that the Defendant was a person who was named and unsatisfyed by the Defendant who proposed the instant crime, and that each of the means of access in this case will be used for the Bosing crime, and therefore, the Defendant’s act would have been helping to commit the Bosing crime. Nevertheless, a strict punishment is inevitable in light of the fact that the Defendant committed the instant crime, and thus, a sentence shall be imposed.

The sentence shall be determined as the order in consideration of the fact that the crime is recognized and reflected, and that there is no domestic criminal power.

arrow