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(영문) 수원지방법원 안양지원 2019.09.04 2019고단1068
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, around December 27, 2018, the Defendant received a proposal from a nameless person who became aware of more than C advertisement in order to obtain a loan from the Seoul Gangnam-gu Seoul building and the office of the first floor above the ground, and around that time, received a letter of e-mail card connected to the KEB bank D account, and transferred the above means of access to the nameless person by delivering it to the above office, by delivering it to the above office, the above means of access to the nameless person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on investigation (matters subject to additional investigation A) by a suspect;

1. Application of the new Acts and subordinate statutes on financial transaction information;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Articles 49(4)1 and 6(3)1 of the same Act concerning criminal facts and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The crime of this case at a disadvantage: The defendant transferred a physical card to a person who has no name, and the so-called large passbook, which is distributed therefrom, is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage. Therefore, it is inevitable to punish the defendant even in order to eradicate the crime.

In fact, the means of access that the Defendant transferred was used for the crime of Bophishing.

A favorable condition:

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