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(영문) 대구지방법원 2017.08.10 2017고단3399
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

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium with a request or promise to receive any consideration in using and managing an electronic card, electronic information equivalent thereto, certificate, password, or any other access medium in electronic financial transactions.

Nevertheless, on February 9, 2017, the Defendant borrowed a e-mail card from a person in an infinite name to use a e-mail, and consented to such contact, and then sent the e-mail card connected to the Defendant’s new bank account (Account Number:D) on the C-ro in the e-mail B of the same month on the 28th day of the same month to Kwikset through Kwikset’s service.

At the same time, they leased the access media in electronic financial transactions with the promise of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the specifications of transfers and the specifications of transactions by account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant promised to pay the price and lent the approaching medium, and that the approaching medium was actually used to commit the real act of telephone financing fraud, and that the Defendant repeated the instant crime even with the experience of transferring the passbook for lending.

However, considering the favorable circumstances such as the defendant's acknowledgement of the crime of this case and the fact that the defendant did not participate in the telephone finance fraud crime, and all of the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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