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(영문) 대구지방법원 2018.01.11 2017고단6002
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while receiving, demanding or promising to receive any consideration, in using or managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium used in electronic financial transactions.

Nevertheless, the Defendant, at around August 1, 2017, sent the Kakao Stockholm message to the name in the Daegu Metropolitan City with “3,000,000 won in the case of sending the Kakao Stockholm card to avoid tracking the account in operating the sports soil site” and leased the access media in electronic financial transactions by sending three copies of the Kakao Stockholm card connected to the 10th floor of the 16:30th floor of the Kadong-gu Daegu Metropolitan Building, Daegu Metropolitan City, to the Defendant’s name (Account Number: C), a new bank account (Account Number: D), and a company bank account (Account Number: E) and promising to notify the password through Kwikset of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a transaction statement, reply to a request for transaction details, a copy of a new statement of account transactions in a bank, and a statement of account transactions in an enterprise bank;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds) is that the instant crime is likely to be abused as a means of another crime as well as impairing the safety and trust of financial transactions. Therefore, strict punishment is required.

In addition, the defendant transferred three approaches to the defendant, and the transferred approach media actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant erred.

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