logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2019.01.09 2018고단234
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2011, the Defendant was issued a summary order of KRW 2,00,000 as an offense of electronic financial transaction from the Seoul East District Prosecutors' Office to the prosecution of the Seoul East District Prosecutors' Office. On August 19, 201, the Defendant was issued a summary order of KRW 2,00,000 as an offense of electronic financial transaction.

On May 7, 2018, no one could transfer the means of access, however, the Defendant transferred the means of access via Kwikset Service Articles, through Kwikset Service Articles, sent from the front of the Defendant’s residence in Seocho-si to the Defendant’s home page B, to the Defendant’s name (D).

In spite of the fact that anyone is prohibited from transferring the means of access, the Defendant transferred the means of access by delivering one copy of the E-bank Card (F) in the name of the Defendant via Kwikset Service Articles sent by Kwikset Service Providers, who sent from the front of the Defendant’s residence in the Seocho-si B around June 3, 2018.

Summary of Evidence

"2018 Highest 234"

1. Defendant's legal statement;

1. The detailed statement of banks "2018 high-class 372";

1. Defendant's legal statement;

1. Application of account receipt, warrant of search, seizure and verification, data reply statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence under Article 62(1) of the Criminal Act is to determine the same sentence as the order, in consideration of the following conditions of sentencing, including the age, character and conduct, environment, circumstances of the crime, means and results thereof, and the circumstances after the crime.

The favorable circumstances: The defendant has a record of being sentenced to the suspension of indictment and the punishment of a fine for the same crime, and the transfer of the means of access can be punished for another crime, as determined in its reasoning.

arrow