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(영문) 전주지방법원 2018.01.11 2017고단1132
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 borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On December 21, 2016, the Defendant would offer five million won per week from a person who has no name in front of his/her own residence in Busan-gu, Seoul-si.

“Along with the word “,” the cash card, which is an access medium connected to the account (D) of one’s own name, was sent to the name-oriented person as Kwikset service and lent the approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the details of transfer of money from damage, receipts, and each statute on financial transactions;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing) is that the defendant recognizes the criminal facts of this case, that there is no person who has been punished for the same kind of crime, nor there is no person who has been punished exceeding the fine, and that there is no sufficient health for the defendant.

However, “Access media” such as cash cards is widely used as a means of various crimes, such as systematic gambling and tax-related crimes such as the issuance of false tax invoices through a bombing company, which encourage serious gambling, such as Bosing fraud, and Internet gambling. Such criminal offenders generally acquire by such a method, not only the so-called “componed passbook” but also the so-called “componed phone” which is a mobile phone in another person’s name, are used to commit a crime in the form of dividing one’s own roles by setting up a human organization, but also the person who transfers the access media under one’s own name is faced with the illegality or risk of such act.

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