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(영문) 광주지방법원 2018.07.17 2018고단1280
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

No person shall lend any access medium used in electronic financial transactions in return for consideration.

Nevertheless, on August 2017, the Defendant borrowed a physical card from a person who is a person related to a liquor company with no name in return for the lending of 1.3 million won.

In response to the word “,” and around that time, Kwikset had a physical card connected to the account of Defendant’s name (B) around the department store, which was located in 268 independent of the Dong-gu in Gwangju-gu, Gwangju-gu, and sent it to the above name-oriented person through Kwikset Service Articles.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Details of transfer;

1. (A) and the application of Acts and subordinate statutes on personal information and transaction statements;

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, the selection of imprisonment with prison labor;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered in light of the following circumstances: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime; and (b) the circumstances constituting the conditions for sentencing as specified in the instant pleadings.

The favorable circumstances: The error is divided in depth.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

There are no criminal records which exceed the same kind of criminal records or fine.

Unfavorable circumstances: The access media leased by the Defendant was used for the loan fraud (the damage amount is KRW 3 million). The so-called large passbook is essential to commit various types of crimes, such as the singishing fraud, and the use of the large passbook is widely known to the general public. Therefore, it is necessary to strictly punish the supplier and prevent the crime.

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