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(영문) 서울서부지방법원 2020.08.12 2020고단1735
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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 person shall, in using and managing a means of access necessary for electronic financial transactions, acquire or take, demand or promise the means of access, or take, demand or promise to borrow or lend the means of access.

Nevertheless, on January 6, 2020, the Defendant: (a) obtained a proposal from an employee of the Electronic Financial Fraud Group who pretended to borrow a lender at an unspecified place, and then gave a loan to him; (b) obtained a proposal and consented to the proposal; (c) then, at around 16:00 the following day, sent a check connected to the account in the name of the Defendant’s name (Account Number: D); (d) one check connected to the bank account in the name of the Defendant; and (e) one check linked to the bank account in the name of the Defendant’s name (Account Number:F); and (e) one check linked to the bank account in the name of the Defendant’s bank account (Account Number: H); and (e) notified the password by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Responses to requests for the provision of financial transaction information, the details of Kakao Stockholm conversations, the details of accounts transaction in the E bank, and the application of statutes on account transaction in the C

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

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

1. Selection of imprisonment with prison labor chosen;

1. The instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act requires strict punishment in that the means of access transferred as such can be used for a very large other crime such as scaming, etc.

(The Cze Card transferred by the Defendant was used for the criminal act of Bosing). The Defendant is again subject to a disposition of suspension of indictment for the same kind of crime.

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