beta
(영문) 대구지방법원 2020.10.15 2020고단233

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for a term of one year and four 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 of "200 order 233" shall promise any consideration and lend any means of electronic financial transactions.

On October 2018, the Defendant received a proposal from a person who was in bad name and accepted the proposal that “a loan may be made even to a person who was in bad credit standing, and a e-mail card will be made at the face of the loan.” At that time, the Defendant sent a e-mail card connected to the e-bank account in the name of the Defendant to the person who was in bad credit standing in front of the C Association located in the Gyeongdong-gun, Gyeongbuk-gun.

Accordingly, the defendant promised to pay and lent a physical card, which is a means of electronic financial transactions.

Around 21:40 on February 22, 2020, the Defendant driven an IK five vehicle under the influence of alcohol level of 0.120% without obtaining a driver’s license from the G parking lot located in the F of the G G G G G G in the G G Gllbuk-gun, to H, and without obtaining a driver’s license from the G parking lot to the H.

Accordingly, the Defendant was driving a motor vehicle without obtaining a driver's license, and at the same time violated the prohibition of drinking driving more than twice.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Written petition prepared by J;

1. A detailed statement of remittance of amount from damage and details of account transactions;

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Application of the Motor Vehicle Driving ledger and the Acts and subordinate statutes of the main office disqualified;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than twice), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the Commercial Competitive Act (mutual between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license);

1. The former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act from among the concurrent crimes subject to an alternative imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;