logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.23 2018고단4157
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

No one shall borrow or lend any access medium, or store, deliver or distribute any access medium while receiving, demanding or promising to receive any consideration in using or managing the access medium.

Nevertheless, the Defendant is leased the account to be used for the purpose of tax reduction or exemption of alcoholic beverages from a person who is not his/her name, in the case of Dong Government-si B on June 7, 2018.

The amount of KRW 2.1 million per three days shall be paid in advance.

“After accepting the proposal,” the head of the physical card connected to the account (D) of the Defendant’s name and the password were cut off to the nameless person via the cargo delivery.

As a result, the Defendant promised to pay the price and lent the access media to financial institutions.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition for E works;

1. Provision of financial transaction information;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. is committed by delivering one copy of the physical card connected to the account under the name of the defendant to his name in return for the defendant's promise. Since the act of transferring, keeping, and delivering the approaching media as a means of suppressing various crimes, such as Bosing and illegal sports discussions, which currently have a great social harm, is being committed, the crime of this case is heavy; the crime of this case is committed; the physical card, which was actually issued as the crime of this case, was used as the means of phishing and the victim occurred; the investigation of the crime of this case was initiated; the defendant recognized his own crime and reflected it; and the defendant was punished for the same crime.

arrow