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(영문) 대구지방법원 서부지원 2019.01.09 2018고단2390
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access for electronic financial transactions.

1. On May 2018, the Defendant called to the purport that “on the face of sending a physical card, I wish to lend it.” On the part of the Defendant’s residence, the Defendant opened an electronic financial transaction means by sending Kwikseter’s name cards connected to the Defendant’s bank account (D) before the Defendant’s residence located in Daegu-gu Office B. In May 2018, 2018, the Defendant sent Kwikseter’s name cards connected to the Defendant’s bank account under the name of the Defendant, through Kwikseter’s service article, and informing the Defendant of the password by telephone.

2. On May 14, 2018, the Defendant called “to provide a loan if sending a e-mail card” from a nameless person who became aware of using a cell phone, and had a personal e-maild means of access by sending a e-mail card to the Defendant’s account. On June 14, 2018, the Defendant sent a e-mail card connected to the Defendant’s nameless person via a home-based phone to the F-based distribution office located in Chang-gu, Changwon-si, Changwon-si, and sent the e-mailed person by telephone to notify the password.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Investigation report (report on the confirmation of the date of suspension of payment of the account transferred by a suspect), investigation report (report on confirmation of an application for non-payment suspension of the account transferred around June 2018);

1. Application of statutes to a copy of a transaction statement by bank;

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

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act of the community service order.

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