(영문) 수원지방법원 성남지원 2019.07.04 2019고단506

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2019.07.04 2019고단506

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, 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 one shall transfer or acquire a means of access in using and managing the means of access, and no one shall borrow or lend a means of access for the purpose of using it for a crime or be used for a crime, or keep, deliver or distribute a means of access, or arrange such act.

The defendant tried to arrange the transfer and acquisition of means of access by connecting B, which calls for the introduction of the passbook opened in the name of the bereaved corporation, to B, such as illegal gambling spons C.

Around April 2016, a corporation established with false contents, such as informing B of the number of necessary bankbooks, number of passbooks to be delivered, and 1.5 million won under the name of passbooks, etc., which were delivered by C at Sung-si, Sung-si, the act of arranging the transfer and acquisition of means of access three times from around that time to August 2016, by means of the following methods: (a) the means of access, such as passbooks, cash cards, and OTP cards, in the name of “D” (F) to be transferred to B through Kwikset Service; and (b) the act of arranging transfer and acquisition of means of access three times from that time to August 2

Accordingly, the defendant assisted the transfer of the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol concerning B and C;

1. Application of three parts of the judgment; and

1. Relevant Article 49 (4) 4 and Article 6 (3) 5 of the Electronic Financial Transactions Act and the choice of a sentence concerning criminal facts, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act is not absolute in light of the reason for sentencing, the content of the crime, the social harm, the defendant's like the defendant's previous records, etc.

However, it seems that the defendant does not receive any profit from the mediation.

참조조문

-전자금융거래법 제6조 제3항 제5호

-전자금융거래법 제49조 제4항 제4호

유사 판례

-대구지방법원 2016.11.18 2016노2815

-대구지방법원 2016.12.09 2016노3792

-대구지방법원 2016.10.21 2016노1885

-제주지방법원 2015.10.22 2015고단949

-의정부지방법원 2015.10.27 2015노1912