logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.01.18 2017고단5650
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On April 2017, the Defendant would create an account under the name of the corporation and make a loan from the person who is not aware of his name in the vicinity of the Suwon-si transfer-gu, Suwon-si.

“ Upon receipt of the proposal to the effect that “, in accordance with the direction of the person who was not entitled to receive the name, transferred the access media by putting the physical card, etc. of the account (C) of the name of the corporation B, a corporation established under the name of the person who was not entitled to receive the report.

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement E, F’s statement transfer details on the Defendant’s legal statement E, each written statement on each warrant execution data screen, a copy of a text message, and a copy of the text message submitted D;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

1. The act of transferring a medium of access to electronic financial transactions on the grounds of sentencing under Article 62(1) of the Criminal Act (i.e., taking into account the circumstances favorable to the defendant among the grounds for sentencing) is not only prejudicial to the trust in electronic financial transactions, but also that the transferred approach medium is highly likely to be used for other criminal acts.

Many victims have suffered damages because the access media transferred by the defendant has been abused for fraud.

In that it was possible to fully recognize the method of committing a crime in which an account is opened in the name of a corporation by establishing a corporation and transferring an access medium connected to the account, and that the transferred access medium is likely to be used for criminal acts, more than that of transferring its own access medium is more severe.

However, it shall be taken into account that there is no criminal conviction or other criminal conviction except that the defendant has been punished once by a fine, and that there is no other criminal conviction or mistake.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act shall be comprehensively determined as per the disposition.

arrow