logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.05.24 2017고단476
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or take over any access medium, such as an electronic card, which is used to issue a transaction instruction in electronic financial transactions or to secure the authenticity and accuracy of the users and the details of the transaction, or lend or lease any access medium or keep, deliver or distribute such medium by receiving, demanding or promising any consideration.

On August 26, 2016, the Defendant: (a) received a proposal from the Defendant on August 26, 2016, the Defendant: (b) on the part of the Defendant’s dwelling in Yangcheon-gu Seoul Ba 403; (c) on the part of his name, through the Kakao Stockholm, that “The Defendant provided consulting to reduce the amount of taxes of high income earners, such as taxes, but intends to make the disbursement details as if he did so; (d) borrowed the Kaka card; (e) in return for the use, 70,000 won per day; and (e) accepted it; and (e) on the same day, received the request from the Defendant’s dwelling place, the Defendant sent the Kakkkset service article with one physical card on the bank account (C) opened under the name of the Defendant to the above name French; and (e) received the payment for the access to the electronic financial transaction by notifying the KaKaka Kaka Stockholm account password to the above name French account.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of each account transaction;

1. Application of the Stockholm Acts and subordinate statutes to the Stockholm at the time of committing the crime;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, lending the access media as in the instant crime with the reason of sentencing under Article 62(1) of the Criminal Act can be used for the crime such as Bosing, etc., and considering the fact that the Defendant appears to have actually committed fraud using the access media, the crime’s nature is not somewhat weak.

However, the fact that the defendant makes a confession of his mistake and reflects it before.

arrow