logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.14 2018고단4752
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

On July 10, 2018, anyone is not allowed to lend the means of access in return for the receipt of consideration, and the defendant accepted the proposal that "on the face value of the check, three million won shall be paid in return for the loan of the check for three days," from the person who was not in contact with him by means of text messages messages around July 10, 2018, and around 12:00 of the same month, on the 12:00 of the same month, Kwikset Co., Ltd., in front of the Daejeon Seo-gu Daejeon apartment, borrowed the means of access by promising Kwikset to send one check card connected to the account (D) in the name of the defendant to the address that the above person was notified through Kwikset service.

Summary of Evidence

1. Defendant's legal statement;

1. E’s sentiments;

1. Application of Acts and subordinate statutes to the reply of financial institutions;

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

1. Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1)3 of the Criminal Procedure (Article 62 of the same Act) takes into account favorable circumstances, such as the absence of criminal records, and the absence of any heavy criminal punishment, which exceeds a fine. In light of the organizational, planned, and intelligent characteristics of the crime of Bosing, the role of the Defendant performed is likely to be considered as having directly participated in the final stage of realizing

1. Social service order under Article 62-2 of the Criminal Act;

arrow