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(영문) 대구지방법원 2018.03.06 2018고단150
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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, on October 2017, the Defendant is a member of Dong finance B, who was named as a police officer on his or her name.

Overseas transmission of materials

After the fish processing, the funds of the company that manufactures after re-import into the Republic of Korea are managed.

If a bank account to be deposited is lent for three days, it is proposed that it will give KRW 600,000 per day to 5:00 p.m. from 5:0 p.m. to 5:0 p.m. on a daily basis, and agreed to receive compensation, and on October 30, 2017, it delivered a physical card card No. 1 connected to the national bank account (E) in the name of the defendant to Kwikset.

As a result, the Defendant promised to pay for the access media for electronic financial transactions.

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 on trading;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

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 fact that the access media that the defendant lent is actually used for the fraud crime is disadvantageous to the defendant.

On the other hand, the defendant's mistake is against the crime of this case, and the fact that the defendant seems to have failed to gain specific benefits, the lent cream card is one, and the damage amount is fully refunded, and the actual damage has not occurred.

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