logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2019.10.04 2019고단821
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person shall transfer or acquire a means of access.

Nevertheless, at around 18:00 on January 17, 2019, the Defendant called “I wish to get loans, I first send a physical card,” and sent a physical card connected to the national bank account under the name of the Defendant to Kwikset service article in the name of the Defendant.

Accordingly, the Defendant transferred the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Case transmission note (D, E);

1. Application of statutes on the survey of customer information and the details of entry and departure transactions;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant recognized the crime and reflects the fact that there is no record of criminal punishment, and the crime of this case is a factor for sentencing favorable to the defendant. It is necessary to severely punish the means of access that infringes on the trust in electronic financial transactions and transfers the means of access, which is highly likely to be used for other criminal acts, and the means of access that actually transferred by the defendant is deemed to have been used for the crime such as singishing, etc., taking into account the sentencing factors unfavorable to the defendant, and determining the punishment as ordered, considering the defendant’s age, character

arrow