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(영문) 대구지방법원 안동지원 2018.04.27 2017고단803
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years 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 of 2017 shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, on July 28, 2017, the Defendant transferred one physical card connected to the post office account (B) in front of the Dong-dong Hospital located in Ansan-si, Dong-dong, which was located in the name of the Defendant.

On May 2017, the Defendant posted a notice on the title “C” bulletin board of the Internet NAV car page “C,” and then, the Defendant reported the above article to the victim D who visited the victim D with “a business of lending loans to domestic people,” and collected the principal and interest from 7 days to 10 days, including the principal and interest, and then left 3% profits.

“The phrase “ was false.”

However, in fact, the defendant thought that he would receive money from the injured party to repay his personal debt to E, and he did not have the intent or ability to pay the principal and 3% interest to the injured party after making the loan to another person.

Nevertheless, on May 16, 2017, the defendant received 4.7 million won from the injured party to the Saemaul Treasury account (F) in the name of the defendant and acquired it by fraud.

Summary of Evidence

"2017 Highest 803"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. "Inquiry about details of financial transactions" 2018 high group 67;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on banking transactions, photographs, text photographs, and details of transactions by cutting down the Internet cameras;

1. Relevant legal provisions concerning criminal facts, Article 49(4)1, Article 6(3)1 (a) of the Act on Electronic Financial Transactions (a point of transfer of access media), Article 347(1) of the Criminal Act (a point of fraud) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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