logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.19 2016고단3785
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access, unless otherwise specifically provided for in any other Act, in using and managing the means of access.

Nevertheless, around October 3, 2015, the Defendant transferred the physical card connected to the foreign exchange bank account (E) in the name of the Defendant to Kwikset service article, which sent to Kwikset service article, who was named in the front side of the taxi company "D" in Seongbuk-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F’s written Acts and subordinate statutes;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to three years; and

2. From 2011 to 2015, the fact that the record of the imposition of a fine for the same kind of crime has reached five times and that the prosecution of the suspension of indictment can be conducted, is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant agreed with the victim F of the crime of Bosing using the passbook, and that there is no record of punishment heavier than a fine due to the same kind of crime.

In the above circumstances, the sentencing conditions, such as the defendant's age, character, conduct and environment, shall be determined as per the disposition.

arrow