logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2019.04.26 2019고단248
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 one shall transfer or acquire a means of access, such as cash cards, which are electronic cards, used to direct transactions in electronic financial transactions or to secure the authenticity and accuracy of users and the details of transactions, and shall not lend or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act or subordinate statutes.

Nevertheless, the Defendant, upon receiving a proposal from his name-free person to “to use the physical card for three days on the face of the week, and to give three million won in return,” and then lent one copy of the C Bank C Bank C Bank C Bank Card connected to the C Bank Account (D) account in the name of the Defendant in front of B Apartment around November 23, 2018 to the above name-free person through Kwikset Service Articles.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition;

1. Application of the details of transactions, F dialogues, and C bank replies data (suspects of Account Transactions) Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act and the main sentence of Article 6 (3) 2 of the same Act concerning criminal facts and the selection of imprisonment with prison labor;

1. The reasons for sentencing under the main sentence of Article 62(1) of the Criminal Act, based on the overall conditions of sentencing, such as the fact that the means of access lent by the defendant was used for the crime of Bophishing fraud, favorable circumstances such as the defendant's wrongness, etc., the defendant's previous conviction, age, family environment, motive and circumstances of the crime, and circumstances after the crime, shall be determined as the disposition.

arrow