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(영문) 전주지방법원 2018.05.15 2018고단423
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

No person shall transfer an access medium unless otherwise expressly provided for in other Acts in using and managing the access medium.

Nevertheless, around October 25, 2017, around 08:45, the Defendant transferred its name in front of the modern marine building, which was located in 29, Yansan-gu, Yancheon-gu, Seoul, to Kwikseter, an access media, such as the physical card and passbook connected to the Defendant’s name bank account (C) to Kwikseter service article.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of each Act and subordinate statutes to financial transaction information and photographs;

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. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act ( considered as favorable circumstances among the reasons for sentencing as follows) is that the Defendant recognized the instant facts charged and expressed his intention of reflection against the mistake, the primary offender, and the Defendant appears to have committed the instant crime by contingently on the statement that the Defendant would give a loan to a party in need of money.

However, “Access media”, such as the physical card, is widely used as a means of various crimes, such as the systematic gambling crime that promotes serious gambling, such as scaming fraud, and the issuance of a false tax invoice via a bomban company. Such criminal offenders generally acquire by such means as a substitute, not only the so-called “scambbook” that is acquired by another person’s name, but also the “scambular phone” that is a mobile phone under another person’s name, and thereby preventing each person from committing a crime in the form of dividing one’s own roles. On the other hand, the transferor of the access media under one’s own name is seriously at risk of the illegality or danger of such act.

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