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(영문) 의정부지방법원 2017.06.01 2017고단1495
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year 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 shall borrow or lend any access medium, or store, deliver or distribute such medium, with the intention of receiving, demanding or promising the payment thereof.

Nevertheless, around December 13, 2016, the Defendant promised to receive KRW 600,000 per 1 e-mail card from the person in an infinite name from the person in an infinite name to receive KRW 600,000 per e-mail card, and delivered the e-mail card connected to the new bank account (C) in the name of the Defendant and one e-mail card connected to the bank account (D) in Korea Kwikset service.

Accordingly, the Defendant promised to pay the price, and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of transfer confirmation;

1. Application of statutes, such as details of account transactions in a new bank account under the name A, and details of account transactions in a bank under the name A;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. According to Article 62(1) of the Act on the Suspension of Execution, the sentence shall be determined as per the disposition, taking into consideration the following: (a) the actual scam crime has occurred by using an account linked to the cream card that the Defendant transferred; (b) the Defendant has been sentenced nine times of a fine; (c) the Defendant has committed a deep offense; (d) the Defendant has committed a deep offense; and (e) the Defendant has not received the payment for the Defendant in India; and

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