logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.12.15 2017고단1731
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On June 2017, the Defendant: (a) heard from the name influenite bus terminal located in Jeonjin-gu, Jeonjin-gu, Jeonjin-gu; (b) the Defendant sent the cash card, which is an access medium connected to the post office account (B) under one’s name, to the influencer; and (c) lent the cash card, which is an access medium connected to the company bank account under one’s name, to the influencer in total two times in the same manner at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of deposit checking;

1. Application of Acts and subordinate statutes to a warrant of search and seizure verification (A personal information and details of account transactions);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade (or selection of imprisonment with prison labor) applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order, transfer or lease of electronic financial transaction access media to other persons may cause damage to unspecified persons because it can be used for fraud crimes, such as Bosing, etc. In fact, the account of the access media transferred by the defendant is used for the crime of fraud, and the defendant has the record of having received criminal punishment for the same kind of crime.

There are favorable circumstances that the defendant recognizes the crime of this case.

In addition, the above circumstances and the relationship between the defendant's age, sex, environment, and victim.

arrow