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(영문) 전주지방법원 군산지원 2018.11.09 2018고단887
사기방조등
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

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing the access medium;

Nevertheless, at around 10:00 on March 22, 2018, the Defendant: (a) received a proposal from a person in the name in front of a flag apartment that is located in Geumjin-gu, Geumdong-gu; and (b) transferred the physical card and password, which is linked to the accounts of the Saemaul Treasury in the name of the Defendant, to the name in the name of the non-person in front of the apartment that is located in Geumjin-gu, Geumdong-gu; and (c) transferred it to the non-person in the name of the Defendant using Kwikset-gu Services.

2. The Defendant was aware that he/she transferred the physical card to him/her would be used in illegal days, such as singishing, and, as seen above, transferred the physical card and password connected to the above Saemaul Treasury account of the Defendant, and on March 23, 2018, the nameless person was transferred 4 million won from the Defendant’s Saemaul Treasury account (B) to the victim C, despite the victim’s intention or ability to provide loans to the victim C, although he/she did not have any intent or ability to do so, he/she was transferred 4.3% loans at low interest rate, 4 million won from the Defendant’s actual loan account.

Accordingly, the Defendant, as seen above, transferred the access media to a name-free person, thereby facilitating the fraud of the name-free person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing verification;

1. Article 49 (4) 1 of the relevant Act, Article 49 (3) 1 of the Act on Electronic Financial Transactions through which punishment is chosen, Article 6 (3) 1 of the same Act (the transfer of an access medium), Article 347 (1), Article 32 of the Criminal Act, and Article 32 of the Criminal Act, and the selection of a sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act 1.

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