logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.08.17 2018고단827
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

Nevertheless, around November 13, 2017, the Defendant sent a physical card connected to the bank account (D) opened in the name of the Defendant to Kwikwikset Service Articles who sent the above names to Kwikset Service Articles, who received KRW 500,000 per day from a person who was unable to do so from his name, in front of C in Busan, YY-gu, Busan, and sent the password by telephone.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on account transactions;

1. The sentence shall be imposed, taking into account the following factors: (a) the pertinent legal provisions on criminal facts and Articles 49 subparag. 2 and 6 subparag. 3 subparag. 2 of the Act on Electronic Financial Transactions for the Selection of Criminal Crimes; (b) the reason for sentencing is serious; and (c) the punishment for the subordinate participants is strengthened; and (d) the punishment for the subordinate participants is not eradicated; (b) the need for a strict punishment against the persons indirectly facilitating the host crime by lending the account as in the instant case; (c) the Defendant has already been sentenced to a fine for the same kind of crime; and (d) the account in this case was actually used for the host crime.

Considering the fact that a part of the damage amount was deposited by the defendant in favorable circumstances, the punishment was determined in consideration of the defendant's age, sex, environment, motive and means of the crime and the result thereof, various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime.

arrow