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(영문) 광주지방법원 2018.09.13 2018고단2669
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

No person shall transfer or take over any access medium in using or managing the access medium.

Nevertheless, in the middle of October 2017, the Defendant’s “corporate bank account (Account Number: C)” as stated in the bill of indictment, which was opened in the name of the Defendant through Kwikwikset Service Articles, from the middle-dong, Jung-gu, Gwangju (hereinafter referred to as “Ywikwikset Service Articles”), appears to be erroneous and correct ex officio.

the head of the Tong and the cream card connected to the Corporation shall be sent to a person with no name, together with a password.

The approach media was transferred.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Details of remittance, details of execution of a search and seizure warrant, and application of Acts and subordinate statutes to account details;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning the crime, the selection of punishment for the selective punishment, Articles 49 (4) 1 and 6 (3) 1 of the same Act, and the selection of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the following circumstances; (b) the Defendant’s age, sex, environment, family relationship; (c) the motive and consequence of the crime; and (d) the circumstances of sentencing as shown in the instant pleadings.

The favorable circumstances: The mistake is divided.

No benefit acquired by a crime is confirmed (the defendant was not found to have received the benefit).

D. In the economic difficulty, the circumstances leading to the crime are peeped even though the judgment is too difficult.

There are no criminal records which exceed the same kind of criminal records or fine.

Unfavorable circumstances: The access media that the Defendant transferred was used for the crime of fraud (the amount of damage is deposited in KRW 67.2 million). The so-called large passbook is essential to commit various types of crimes, such as the phishing fraud, and the use of such large passbook is widely known to the general public. Therefore, the supplier is strictly punished.

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