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(영문) 대구지방법원 2017.07.04 2017고단2836
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

On February 22, 2017, the Defendant sent a head of the Trakkset through Kwikset Service, which is linked to the Defendant’s corporate bank passbook (B) around 15:00 on February 22, 2017.

and the following seals:

2. 23. On the 23. Around the 20.m. border phone, the identification number of the above e-mail card was known to the person who was

As a result, the defendant tried to use the physical card and the physical card, which are media access to electronic financial transactions, each of them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on receipts, details of financial transactions, and specifications by account;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Punishment for the Crime, Articles 49 (4) 1 and 6 (3) 1 of the Act on Electronic Financial Transactions and the Selection of Fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the Defendant, even though the Defendant was sentenced to two times of suspension of indictment for the same kind of crime, repeated the instant crime, and used the transferred access medium to commit the actual telephone financial fraud.

However, in full view of the favorable circumstances such as the defendant's recognition of the crime of this case's violation of mistake, the reason for taking into account the transfer of the access medium, the fact that the defendant did not participate in the crime of telephone finance fraud, and other factors of sentencing, including the defendant's age, sexual conduct, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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