logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.01.24 2017고단2946
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall lease or borrow any access medium in return for promising to receive compensation.

Nevertheless, on May 29, 2017, the Defendant received KRW 100,000 in front of the Jin-dong community service center in Eunpyeong-gu Seoul, Seoul, 2/31, in return for lending one head of the physical card between three months, and issued the head of the physical card connected to the SC bank account (B) under the name of the Defendant to the non-person under his name through Kwikset and notified the password of the above physical card.

Accordingly, the defendant agreed to receive compensation and lent an access medium to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on response to financial data of the SC Bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. In light of the fact that the crime of lending an access medium to electronic financial transactions for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act becomes a means to facilitate other crimes against many unspecified persons, such as electronic financial fraud, and the access medium provided by the Defendant was actually used to commit electronic financial fraud, and that the crime of this case was committed again despite the punishment of a fine of two million won for the same kind of crime in around 2008, the punishment for the crime of this case was committed again, the Defendant is selected as imprisonment because the liability for the crime is not less light. However, the Defendant’s mistake is against the Defendant, there is no history of punishment exceeding the fine, and other sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, etc., the sentence

arrow