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(영문) 창원지방법원 2018.08.23 2018고단1276
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

No one shall borrow or lend any access medium while receiving, demanding or promising to receive compensation in the course of using or managing access media for electronic financial transactions, or store, deliver or distribute it, and shall not borrow or lend any access medium with the knowledge that it will be used for a crime or to be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.

On February 28, 2018, the Defendant: (a) received a proposal from a person who is unable to know his/her name by telephone to the effect that “I would use the OTPP card for 10 days if I would make it available for tax benefits; and (b) would make it available for 4 million won.” (c) On the same day, the Defendant sent an OTPP card to a national bank hold a 35-gil, Chang-gu, Seoul Special Metropolitan City, and then sent it to the National Bank held in the name of the Defendant at the National Bank held in the name of the Defendant (Account No. C) account (Account Number.); and (d) around March 2, 2018, the Defendant sent it to a person who was unable to know the above name, such OTPP card, account number, official stamp, and password, or delivered it through Kwik Kao Stockholm.

Accordingly, the defendant, knowing that he will be used in the crime, has promised to pay the price and lent the approaching medium.

Summary of Evidence

1. Statement by the defendant in court;

1. The document and written statement of the F;

1. Application of Acts and subordinate statutes on response to financial data;

1. Article 49 (4) 2 and Article 6 (3) 2 and 3 of the Act on Electronic Financial Transactions, the applicable law concerning the facts constituting an offense, and Articles 49 (4) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the person commits a crime and reflects it, the fact that the person is in a very difficult position economically and physically, the fact that there is no record of punishment exceeding the fine, and other circumstances, such as the age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc.);

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