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(영문) 대구지방법원 서부지원 2018.01.31 2017고단1609
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] On June 25, 2015, the Defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for fraud, etc. in the Western Branch of the Daegu District Court on October 25, 2015, and the judgment was finalized on January 1, 2016.

[Criminal facts] In using and managing access media under the Electronic Financial Transactions Act, no one may transfer access media unless otherwise specifically provided for in other Acts.

1. On January 3, 2014, the Defendant opened a dynamic securities account (Account Number: D) with the Defendant’s name at a point in the same securities C located on the third floor of the Daegu-gu Building B, Daegu-gu, and transferred the passbook and cash card connected thereto to E, and notified the password. On the same day, the Defendant opened a school guarantee account (Account Number:F) with the Defendant’s name at the point in Daegu-gu, Daegu-gu, Daegu-gu, 495-12, and transferred a cash card connected thereto to E and notified the password.

2. On April 4, 2014, the Defendant transferred a passbook in the name of the Defendant to E (Account Number: G) and a cash card connected thereto, and notified the password.

Accordingly, the Defendant transferred the electronic financial transaction law access media to another person.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (a copy of the relevant records), an investigation report (a document attached to details of transaction of a weather bank account in the name of a suspect A), or an investigation report (a copy of the investigation report on suspect interrogation);

1. Previous convictions: Inquiries by residents, inquiry into criminal history records, and application of Acts and subordinate statutes (Attachment to a copy of a criminal suspect A judgment);

1. The applicable provision of Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act and the choice of imprisonment for a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant is against himself/herself at the time of committing each of the crimes in this case).

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