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(영문) 대구지방법원 2017.11.10 2017고단4782
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person is prohibited from transferring access media for electronic financial transactions. On September 2016, the Defendant received the phrase “200,000 won per owner of a corporate passbook” from a person under the name of the Defendant who reported and contacted online lending advertising, and registered the legal entity under the name of the Defendant as the representative of the Defendant (State) as ordered by the above-mentioned person. On November 17, 2016 through December 18, 2016, Kwikset service provider sent the above name in the vicinity of Busan City, Ukkset service located in the center of Busan, as the Busan, U.S., a corporate bank account opened in the name of B, U.S. bank account (C), U.S. bank account (D), one bank account (E) account, one bank account (F) account, and one bank account (G) account, five cash cards connected to the above-mentioned bank account, five OT and five Internet news articles (500 U.S.) and one Internet bank.

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 petition;

1. Investigation Report ( Results of execution of a warrant of search and seizure verification - Application of Acts and subordinate statutes to a suspect B-corporate savings bank investigation);

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 this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution may be abused as means of other crimes as well as impairing the safety and trust of financial transactions. In light of the fact that the Defendant’s eck cards, etc. leased are actually used for illegal gambling, and that the Defendant transferred a majority of access media in the name of the juristic person after establishing the juristic person and received one million won in return, it is necessary to strictly punish the Defendant.

However, it reflects the defendant's wrong and takes into account the circumstances favorable to the fact that there is no force on criminal punishment.

Other provisions of Article 51 of the Criminal Act, such as the age, sex, etc. of the defendant.

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