logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.17 2017고단4078
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No person shall lend any access medium with the receipt, demand or promise of compensation in using and managing access medium under the Electronic Financial Transactions Act.

Nevertheless, on August 17, 2017, the Defendant heard a proposal that “The Defendant would make a payment for the amount of KRW 3 million on the face of a week from a person who would be engaged in leasing business by telephone.” On the same day, the Defendant: (a) sent a copy of the Postal Card connected to the Saemaul Bank Account (C) in the name of the Defendant to the article of Kwikwikset Service prior to the window B of Chang-si, Chang-si; and (b) lent a accessible medium under the Electronic Financial Transactions Act by informing the person who was missing of the account number and password by telephone.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to screen the latest deposit account, report on internal affairs (verification of details of transactions of deposits and withdrawals by account holders A);

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Criminal Act is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and that social harm is not easy.

However, there is no record that the defendant reflects his mistake and has been punished before the case.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the age, sex, environment, number of access media, and circumstances after the crime.

arrow