logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.06 2017고단4187
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

On September 2017, the Defendant accepted the proposal, “If you send a physical card, you will pay 1.8 million won on the 15th day in consideration of the sending of the physical card from the person in the name of the deceased.”

On September 14, 2017, at around 09:00, the Defendant sent a letter of check to the security guard of the above security room, which is an access medium connected to the community credit cooperative account (C) in the name of the Defendant, at the front guard office of the 319-dong, Kimhae-si, Kim Jong-si, 2017. The Defendant sent the letter of call to the name-free security guard by having Kwikset service provider who received instructions from the name-free box find it.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit;

1. Application of Acts and subordinate statutes as a result of a search and inspection warrant;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions favorable to the sentencing)

1. Sentencing criteria;

2. The access media of this case leased by the Defendant was actually used for crime.

Considering the purpose of the law in order to prevent additional crimes by strictly punishing the act of transferring or lending the access media, it is necessary to strictly ask the accused to be responsible for the crime.

However, in consideration of the fact that the defendant has no record of being sentenced to punishment exceeding the same kind or fine so far, the confession of the crime and reflects the mistake, and other sentencing conditions indicated in the records, such as the age, sex, environment, etc. of the defendant, the punishment shall be determined like the order.

arrow