logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.08.24 2017고단651
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

The execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 10:00 on December 30, 2016, the Defendant sent the physical card, etc. of the bank account (E) in the name of the Defendant to the Buddhist person who became aware of through the mobile phone advertising text message that “a lending of a passbook would be made every three million won per account,” and transferred it to the Nonindicted Party through Kwikset Service’s article.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes, such as a certificate of confirmation, a copy of an application for opening a new bank account;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution recognizes the Defendant’s mistake, the Defendant was the first offender with no record of criminal punishment, and the Defendant was not able to obtain profits from the above crime. However, without such a crime, the crime cannot be committed, and the victim of fraud was actually committed due to the above crime.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

arrow