logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.11.08 2017고단3328
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, or borrow or lease any access medium, or store, deliver or distribute any access medium in return for a demand or promise to receive any access medium.

Nevertheless, on February 2017, the Defendant need to put a check to operate a game site by telephone to a person who is not aware of the horse name.

It shall be used for 10 days on the face of the check, and shall be discarded in return for the transfer of the check, and 4 million won per head.

“Along on February 2017, at the end of the racing-si, the Plaintiff sent to the Plaintiff a total of KRW 12 million in return for the transfer of three physical cards to a person whose name is unknown. On February 2, 2017, the Plaintiff sent to the Plaintiff, who was not aware of the above name at the fourth floor C restaurant of the 4th floor in the building B at the end of the racing-si, one check connected to the bank account (Account Number (D) opened in the name of the Defendant, one check connected to the post office account, one check connected to the Saemaul Treasury account, and one check connected to the Saemaul Treasury account.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and a written statement;

1. Application of Acts and subordinate statutes on deposit receipts;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime during the period of suspended sentence due to the instant crime, while being aware that the access media will be used for the crime, and the nature of the crime is not good.

In addition, the transferred approach media has been used for actual fraud crime, and the damage has not been recovered.

However, the defendant recognized the crime of this case and is against it, and the defendant is not guilty of such crime in the future.

(b) other.

arrow