logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.11.15 2018고단3703
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall lend any access medium used in electronic financial transactions in return for consideration.

Nevertheless, on May 2018, the Defendant borrowed a eck card from the first police officer on the first time, and returned it to the extent of three days, and in return, KRW 3 million.

“After receiving the proposal,” and consenting thereto, at the C office located in Seo-gu in Gwangju on May 14, 2018, the personal compromise under the name of the defendant sent the physical card connected to D (D) to the above non-indicted.

This was replaced by the Supreme Court.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the transactions of deposits and withdrawal;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

There is no criminal record exceeding the same criminal record or fine.

Unfavorable circumstances: The Defendant’s access media was used for the loan ice fraud crime (the damage amount is KRW 3 million). The so-called large passbook is essential for various types of crimes, such as the loan phishing fraud, and the use of such large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier and prevent various crimes.

arrow