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(영문) 대구지방법원 2020.05.26 2020고단364
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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 shall, in using and managing a means of access, transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around August 30, 2019, the Defendant received a proposal from a name-free person who became aware of influencies in Daegu-gu (Seoul-gu) and made it possible for the Defendant to offer money in return for the introduction of a physical card connected to the account from him/her, and notified him/her of the personal identification number, which is linked to the B Bank (C) account under the name of the Defendant.

Accordingly, the Defendant transferred the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the details of transactions and B bank reply data statutes;

1. Relevant Article of the Act on Criminal facts and Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] basic area, April to October;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the commission of the commission, circumstances after the commission of the commission of the commission, etc.; and (b) the conditions of various sentencing as shown in the argument of the instant case:

Unfavorable circumstances: The act of transferring a means of access is prejudicial to the stability and reliability of electronic financial transactions, and the means of access can be used for other crimes such as fraud, so the responsibility for such crime is not less complicated.

In fact, the means of access lent by the defendant seems to have been used for fraud related to licensing.

The defendant is the same crime.

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