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(영문) 수원지방법원 2018.05.31 2018고단1632
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, around 18:00 on October 31, 2017, the Defendant promised to receive KRW 2,000,000 per account between three days from the Defendant’s home located in Suwon-si, Suwon-si, Suwon-si, from a person whose name is unknown, to receive KRW 2,00,000 per account between three days, and sent to a person whose name is unknown by using Kwikset-si’s service, which is an access media in the name of the Defendant’s post office (Account Number: C).

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and statement filed by the victim D;

1. A receipt to transfer the amount of damage;

1. 3) Application of a detailed statement of transactions at A post office Acts and subordinate statutes;

1. Article 49 (4) 2 of the relevant Act and Article 6 (3) 2 and Article 2 subparagraph 10 of the Act on Electronic Financial Transactions for the Selection of Criminal Crimes, Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions, and Selection of imprisonment;

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

1. The access media provided by the Defendant for the reasons of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation was actually used for the scaming crime, and the third victim was scamed, and the order of financial transactions was disturbed.

Prior to the instant case, the Defendant had been sentenced to a fine of one time of imprisonment, one time of violation of the Act on the Control of Narcotics, Etc., and six times of fine due to a violation of the Act on Specialized Credit Financial Business, etc., which has inflicted damage on financial transaction order, and has been sentenced to a fine of six times prior to the instant case. Furthermore, the Defendant provided another person with a passbook for a loan, which was used for the crime of Bosing, and received a police investigation in relation thereto, which could have been well aware of the risks prior to the transfer of the access medium. However, the Defendant again committed the instant crime, even though he was aware of all of the instant crimes.

The defendant is a chronic disease.

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