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(영문) 대구지방법원 서부지원 2017.11.24 2017고단885
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

No person of "2017 Highest 885" shall transfer any electronic card, electronic information equivalent thereto, password, etc., which is a medium access to electronic financial transactions.

Nevertheless, at around 14:00 on October 24, 2016, the Defendant sent a physical card connected to the SC Bank account under the name of the Defendant to the non-party in the name of Kwikset Service article through Kwikset Service article, and around that time, notified the account number and password of the above account to the non-party in the name of telephone.

As a result, the Defendant transferred the electronic financial transaction access media to the name partner.

No person of "2017 Highest 1466" shall transfer any access medium to another person in using or managing such medium.

Nevertheless, around 13:00 on March 22, 2017, the Defendant transferred the physical card (credit card number: G) and passwords connected to the Daegu Bank Account (F) in the name of the Defendant to the non-registered person prior to No. 203 of the Daegu-gu building E, Daegu-gu building A, Daegu-gu, 203, via Kwikset Service Articles, and transferred the electronic financial transaction access media.

Summary of Evidence

"2017 Highest 885"

1. Statement by the defendant in court;

1. A H statement;

1. Data on replies to financial transactions: "2017 Highest 1466";

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of respective Acts and subordinate statutes related to the provision of financial transaction information;

1. Articles 49 (4) 1 and 6 (3) 1 of the Act on the Electronic Financial Transactions and Trade, applicable to the crimes, and selection of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were transferred once a fine is imposed by transfer of the same access medium as the instant case, and once a suspended sentence is imposed, and the Defendant transferred the access medium twice during the suspended sentence period. The account transferred by the Defendant was used for the phishing crime.

Nevertheless, the defendant's assertion that he transferred a physical card, etc. to obtain a loan at the investigation stage is against the petition.

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