logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 장흥지원 2019.05.02 2019고단23
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 person shall transfer the means of access to electronic financial transactions.

Nevertheless, around October 24, 2018, the Defendant received a proposal to send a loan from a person with no personal name, such as a physical card, password, etc., and in response thereto, the Defendant sent one physical card connected to the Defendant’s name C(D) account under the name of the Defendant through Kwikset Service at the vicinity of the address B of Gangnam-gun, Gangnam-gun, Gangnam-gun, Seoul, and sent the password via E.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (Submission of details of electronic investigation);

1. Application of transfer certificates, and the submission of Acts and subordinate statutes concerning the details of transactions at new branches of the F Cooperatives;

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 act of transferring the means of access to the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution needs to be strictly punished as the means of other crimes. The means of access of this case leased by the defendant is also used for the crime of fraud, the defendant's mistake is recognized and contradictory, the defendant has no record of criminal punishment, the defendant was unable to gain profits due to the crime of this case, the defendant's age, character and conduct, motive and means of crime, circumstances after the crime of this case, etc., and the punishment is determined as ordered by the order, considering all of the various sentencing conditions as shown in the trial process.

arrow