logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2019.09.18 2019고단321
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 person shall transfer or acquire any means of access for electronic financial transactions.

Nevertheless, around July 2018, the Defendant, who received text messages from the Defendant’s cell phone, was contacted to the effect that “on the face of transfer of the account to be used for reduction of or exemption from taxes, three million won shall be paid” from the person who was aware of the fact that he received text messages from the Defendant’s cell phone, and sentenced the Defendant to transfer his account.

On July 13, 2018, at the B office located in Daegu or lower-gu, the Defendant sent a physical card connected to the Defendant’s name bank account (Account Number C) to the name defecter by visiting the phone and provided a means of electronic financial transactions to the name defecter by telephone.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to the name partner.

Summary of Evidence

1. Defendant's legal statement;

1. Written authenticity of D (including attached statements);

1. E statements;

1. Application of details of transactions and Acts and subordinate statutes governing account transfer;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the act of transferring the means of access used in electronic financial transactions, such as the instant crime, as the instant crime, needs to be strictly punished as an act assisting another crime, such as singing, etc., the Defendant’s transfer of the card and the account of the Defendant connected thereto is actually used for singing, etc., taking into account the circumstances unfavorable to the Defendant, such as the fact that the Defendant recognized the facts of the crime and divided the facts of the crime, and the fact that the Defendant has no other record of criminal punishment, in addition to the punishment of fines imposed on one occasion due to drunk driving in 201, shall be determined as ordered by considering

arrow