logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2020.02.20 2019고단962
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

1. On January 31, 2018, the Defendant: (a) received a proposal from a person under whose name the Defendant had misrepresented his/her employees in a place where it is unknown on or around January 31, 2018, that “the head of a Tong is recruited to cut off at an agent who works in a liquor company; (b) if one check card connected with the head of a Tong is sent, 3 million won will be given; (c) if he/she will use and return the check for 3 to 4 days; and (d) on the same day, he/she included a physical card connected with the post office (D) account in the name of the Defendant in the name of the person under whose name the Nonparty was aboard the external apartment in the name of the Defendant.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

2. On February 25, 2018, the Defendant, upon receipt of a proposal from a person under whose name the Defendant misrepresented his/her staff at a location not known to him/her on or before February 25, 2018, accepted the proposal that “if he/she borrowed an account to distribute earnings due to gold, he/she shall use for three to four days if he/she borrowed the account to distribute earnings due to gold, and give two million won in return for the loan.” On the same day, the Defendant delivered a physical card and one password connected to the account under the name of the Defendant at a hot spring-dong post office located in 17, an Asan City, at the same time, via the post office’s house.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. H’s petition;

1. Application of the Acts and subordinate statutes requesting the provision of financial transaction information;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 of the Electronic Financial Transactions Act and Article 6 (3) 2 of the same Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;

arrow