logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.10.12 2017고단1544
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any medium access to electronic financial transactions while receiving, demanding or promising such consideration.

Nevertheless, the defendant will use only one week when sending one physical card from a person who has no name to the name, and give three million won.

“On the proposal,” on May 30, 2016, through Kwikset Services, one physical card connected to the post office account (D) opened in the name of the Defendant before the company located in Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the details of each financial transaction and the Kakao Stockholm text message statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) of the suspended sentence is that the defendant recognized the criminal facts of this case, that there is no criminal punishment for the same kind of crime (in 2005, driverless driving without permission, driving with larceny, and being punished twice in total by larceny), and that there are some parts of the motive or circumstance that are favorable to the defendant, i.e., that the defendant believed that he would give money from a person in the name of the defendant and believed that he would have committed contingent crimes.

However, “Access media”, such as the physical card, is widely used as a means of various crimes, such as the systematic gambling crime that encourages serious gambling, such as scaming fraud, and tax-related crimes such as the issuance of a false tax invoice via a scaming company. Such criminal offenders generally acquire by such a method, as well as the so-called “scambling passbook” acquired by using the same method to “scambular phone,” which is a mobile phone in another person’s name, and thereby preventing each of them from committing a crime in the form of dividing one’s own roles.

arrow