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(영문) 대구지방법원 2017.06.29 2017고단2750
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on February 23, 2017, the Defendant operates an illegal gambling site at a bus terminal located in 196, 17:30 at the border of Busan Metropolitan City on February 23, 2017, and 5% of the withdrawn amount shall be paid when sending the check card connected to the head of the Tong.

"" sent one check to the bank account (B) and one check card in the name of the defendant to the Seoul bus terminal in accordance with the proposal by the phone of the non-sicker, to the cross-city bus terminal and sent the account number and password to the non-sicker.

Accordingly, the defendant transferred the electronic financial transaction access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of investigation report (verification of the details of deposits and withdrawals of Korean bank account A under suspicion) Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence provided that the Defendant promised to receive compensation and transferred the accessible media. The access media has no record of punishment for the actual crime of telephone financial fraud, or there is no record of punishment for the same kind of crime. Recognizing the instant crime, it reflects the fact that the Defendant was not involved in the telephone financial fraud, the fact that the Defendant did not obtain compensation, and other favorable circumstances, such as the Defendant’s age, sex behavior, environment, motive or circumstance of the crime, and the circumstances after the crime, etc., shall be determined as per the Disposition.

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