logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.18 2018고단3145
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, and the accused shall send a check card.

Note 1: (A) send a physical card, which is an access medium, to an unauthorized person

The fact that the account linked to the card was investigated as a case used for the crime of Bosing fraud and was suspended on July 22, 2011, that the transfer of its access media to another person was subject to punishment, and that the access media sent as above can be used for the crime of Bosing fraud.

Nevertheless, on January 2, 2018, the Defendant sent a passbook and a e-mail card from his name in front of the street, which had been located more than 1155 corporation, as the head of Dobong-gu Seoul Metropolitan Government in the name of the Defendant around January 2, 2018.

At the request of the Defendant, the head of Tong and the e-mail card, which is a medium of access to the post office account (B) in the name of the Defendant, will be given a loan by making the details of the deposit and withdrawal transaction, and the head of Tong and the e-mail card (B) were sent to the name-oriented person and the password was sent.

As a result, the Defendant transferred the access media to a name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A statement of transactions that remitted the amount of damage, and the application of Acts and subordinate statutes on new data;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The crime of transferring access media under the Electronic Financial Transactions Act for the reason of sentencing under Article 62(1) of the suspended execution of the Criminal Act becomes a means to facilitate other crimes against many and unspecified persons, such as Bosing, and the physical card offered by the Defendant was used for the criminal act of licensing, the suspension of indictment was imposed on the same criminal record, and the Defendant erred.

arrow