logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.09.13 2017고단1886
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall transfer, acquire or pledge any medium access to electronic financial transactions to another person.

Nevertheless, the Defendant: (a) received a proposal from a person who misrepresented the borrower to the effect that “if sending a physical card for repayment of interest, the Defendant would give the loan,” and thought that he would not incur any damage to himself even if he did not receive the loan from him; (b) on March 25, 2017, the Defendant transferred one physical card connected to the Saemaul Bank Account (D) in the name of the Defendant at the Seoan-gu Seoul Central District Office located in B, Seoan-gu, Seoan-gu, Seoan-gu. on March 25, 2017, by sending one copy of the physical card connected to the Saemaul Bank Account (D) in the name of the Defendant to the C Site Office located in Jung-gu, Seoul.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

1. Details of transfer;

1. On the amount of damage caused by internal investigation (as for the amount of damage)

1. Application of Acts and subordinate statutes to report on investigation (attached a reply to a warrant of search and inspection);

1. The relevant legal provisions regarding criminal facts, Articles 49 subparag. 1 and 6 subparag. 3 subparag. 1 of the Act on Electronic Financial Transactions, transfer of an access medium to electronic financial transactions for the reason of sentencing selective punishment of imprisonment is strictly punished as a means of other crimes. In practice, even in this case, the access medium transferred by the Defendant was used for fraud, the Defendant had been already punished for four times as a crime under the same law, and the prosecution has been suspended for two times, and the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. are considered.

arrow