logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.05.10 2016고단1194
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

No person shall transfer any access medium used in electronic financial transactions.

On December 22, 2015, the Defendant, in the vicinity of the Daegu Suwon-gu B, 501 Dong 505 residence around 14:0 on December 22, 2015, borrowed a physical card to KRW 3 million per day from a person who assumes a false name or misrepresenting C Company D’s proxy.

“The phone received and consented to the phone, and then sent the phone caller who sent the nameless winners at that time known the phone card connected to the account in the name of the Defendant to the Daegu Bank under the name of the Defendant and the password.

As a result, the Defendant transferred one physical card, which is a medium of access to electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Details of passbook transactions with the National Bank of Victims, and replies related to the provision of financial transaction information;

1. Application of A of the details of passbook transaction Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - Affort circumstances: A fine of five times due to reflectivity, escape vehicles, etc., but no criminal record of the same kind or suspension of execution or more is disadvantageous: Affort circumstances: (a) transfer of the access media would not only impair the reliability of the performance of financial transactions, but also undermine the adverse impact on society, such as the mass production of a number of victims who have been used for crimes, such as telephone finance fraud, illegal sports gambling, etc. - Other factors for sentencing specified in the records of the instant case, including Defendant’s age, sex, health, home environment, motive, means, consequence, etc.

arrow