logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.11.30 2018고단1567
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall direct any transaction in electronic financial transactions or lend or lend any access medium, such as cash cards, which are electronic cards, which are used to secure the authenticity and accuracy of users and the details of such transaction, or keep, deliver or distribute such means by requiring or promising the payment thereof.

Nevertheless, the defendant is a liquor company, and it is necessary to account as a tax issue from a person who is not his name.

On November 2017, 2017, after receiving a proposal to the effect that he/she will give KRW 500,000 per 50,000 per son of the card, he/she transferred the card to a bank account in the name of the defendant at a female bus terminal located in the name of the defendant at the early 268-ro of the number of units, from a female bus terminal located in the name of the defendant to a bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes on transaction details and personal information;

1. Article 49 (4) 2 of the Act on Electronic Financial Transactions and the main sentence of Article 6 (3) 2 of the same Act concerning the facts constituting an offense;

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

1. The reason for sentencing selective sentence of imprisonment with prison labor is that the defendant reflects the error, etc. shall be considered as a favorable condition; and

On the other hand, the Defendant committed the instant crime even if he/she was punished for the suspended sentence of imprisonment due to similar crimes, and the Defendant’s leased media used for the Defendant’s phishing fraud shall be considered disadvantageously.

The sentence shall be determined as ordered by comprehensively taking into account such circumstances and the defendant's age, family environment, motive and circumstances of the crime, and circumstances after the crime.

arrow