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(영문) 수원지방법원 여주지원 2016.10.28 2016고단937
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may transfer or acquire a means of access.

Nevertheless, in January 2016, the Defendant, at the Defendant’s residence located in Gyeonggi-gun B, 2016, sent the Defendant’s cash card, etc. to the Defendant on the game site from a person who was unaware of his name, and agreed to send the Defendant’s cash card, etc. on the condition that he would receive KRW 1.2 million per head of Tong. On the other hand, the Defendant transferred the passbook, cash card, password, etc. of the post office account (Account Number: C) opened in the name of the Defendant through the Kwikset service article in front of the trade name in Gyeyang-gun-gun, the Defendant transferred the passbook, cash card, password, etc. to a person who was unaware of name.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the details of transfer and account transactions;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasoning for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as per Disposition in consideration of the defendant's age, family environment and economic situation, motive, means, results, etc., and other favorable circumstances such as the defendant's actual use of the means of access transferred by the defendant for telecommunications-based financial fraud, the victim's actual use of the means of access to telecommunications-based financial fraud, etc., and the defendant's favorable circumstances such as the defendant's age

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