logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.09.09 2016고단3253
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 one year 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 person shall borrow or lend any access medium in the course of receiving, demanding or promising to receive any consideration in managing the access medium of electronic financial transactions.

Nevertheless, on May 11, 2016, the Defendant, after being located in Gyeonggi-si B, Gyeonggi-do, 12:00 on May 11, 201, 201, lent a physical card from a person who is not the name, to KRW 2.5 million per case, for a vehicle to be purchased.

" " Upon receipt of a proposal, enter a password in each chapter of the Postal Account (E) and National Bank Account (F) connected to the Defendant's name, and deliver it to the person in default of name, respectively.

As a result, the Defendant promised to pay for, lent the electronic financial transaction access media.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written petition for the G production;

1. Responses to requests for financial transaction information (personal information and inquiries about details of financial transaction);

1. Inquiry into the results of the transfer to each Korean bank;

1. Application of the statutes on the head of a post office and a copy of a national bank;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions (a point of lending an access medium) applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: The crime of this case is not likely to be committed by leasing the media that can be used for the so-called Bosing crimes or Internet fraud crimes.

The case is less severe in that the defendant's access media, such as the physical card, etc., leased by the defendant actually used for the crime of fraud, and damage occurs.

shall not be deemed to exist.

The favorable circumstances: there is no history of punishment against the defendant.

Defendant acquired compensation for the crime of this case

There is no circumstance to consider.

The above circumstances and the background, motive, and crime leading to the instant crime.

arrow