logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.01.08 2015고단2653
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 lend or lease any access medium while promising to receive or demand compensation therefor.

Nevertheless, on March 13, 2015, the Defendant sent a passbook and a physical card in the name of the Defendant and received KRW 2 million in return. On March 13, 2015, the Defendant opened a Switzerland-based Korean Switzerland in the name of the Defendant (B), and provided Kwikset with the above account passbook, check card, 1, and password to a person without a name, and lent an electronic financial transaction access medium by promising to provide a price to a person without a name, using Kwikset’s service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. A petition and account details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is not only impairing the safety and trust of financial transactions, but also can be abused as a means of other crimes, such as scaming, etc. The account linked to the cream card that the Defendant lent is also used for the actual loan fraud crime, and the one-time indictment of the same indictment is disadvantageous to the Defendant.

The fact that the defendant was committed in the course of and against the crime, that there is no benefit that the defendant acquired in this case, and that the defendant committed the crime of this case when the wife of the defendant and the defendant were in bankruptcy is the factor for sentencing favorable to the defendant.

In addition, the punishment shall be determined as ordered in consideration of various conditions of sentencing, such as the defendant's age, sex, environment, and circumstances after the crime, and the punishment shall be determined as ordered.

arrow