logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2020.04.29 2019고단563
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal power] On October 19, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on the 27th of the same month for violating the Electronic Financial Transactions Act in the Western Branch of the Daegu District Court.

【Criminal Facts】

No person shall transfer or acquire any means of access for electronic financial transactions.

Nevertheless, around August 2018, the Defendant received a communication from a person without his name to the effect that he would give a loan when sending a physical card, and sentenced the Defendant to transfer the physical card connected to the Defendant’s account.

On August 20, 2018, the Defendant did not know the information of the company receiving the loan or the purpose of using the physical card and the specific method to receive the return despite having been investigated by the police twice on the facts that the Defendant had already transferred the means of access to electronic financial transactions under the pretext of lending twice. On August 20, 2018, the Defendant sent the physical card connected with the Defendant’s name C account (Account Number D) to Kwikset service articles and sent the personal identification number of the physical card by telephone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written confirmation of transfer transactions and details of currencies;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, etc.;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The act of transferring the means of access used in electronic financial transactions, such as the instant crime on the grounds of sentencing under Article 62(1) of the Criminal Act, is in need of strict punishment as an act assisting another crime, such as the crime of Bosing fraud, and the cream card and the ruling that the Defendant transferred.

arrow