logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.10.13 2017고단2961
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Except as otherwise expressly provided for in any other Act, no person shall lend or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, on March 2017, the Defendant promised to receive KRW 5 million per month from a person who is not his/her name, at a new life church located at the Dong-dong, Macheon-si, Mancheon-si, and delivered two physical card cards connected to the Defendant’s name bank account (C) and post office account (D) to the person who is not his/her name.

As a result, the Defendant promised to pay for the consideration, and used the approaching media for each other.

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 regarding details of postal financial transactions, such as a deposit receipt, a national bank account transaction details, etc.;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions with Respect to a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., lending the head of e-mail card, the access media such as the e-mail card, which is an access medium for his own economic interest, is highly likely to be used for the so-called e-mailing crime. In fact, even if the e-mail card leased by the Defendant was used for the e-mailing crime, the Defendant’s liability is not somewhat weak.

However, the defendant's mistake is recognized and depthed.

The crime of this case is deemed to have been committed in the situation where economic difficulties are faced with the support of the three children who are wife and elementary school students, and there seems to be no actual benefit.

There is no record of the same crime, and once after 2005.

arrow