logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.27 2019고단2228
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall engage in any act of lending any means of access while receiving, demanding or promising to receive compensation, unless otherwise expressly provided for in other Acts.

Nevertheless, on November 9, 2018, the Defendant listened to the statement that “on the face of sending a e-mail card so that interest may be paid, the Defendant would give a loan.” On November 22, 2018, at around 10:40, the Defendant issued the e-mail card, which is the means of access to the d bank account (E) in the name of the Defendant, to the non-known person.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. The document of F;

1. Application of Acts and subordinate statutes to details of transactions, copies of an application for concurrent use, details of transactions, copies of text messages, investigation reports (Attachment to G dialogue related to submission and lending by suspects who violate the Electronic Financial Transactions Act);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter the grounds for sentencing) of the suspended sentence are as follows: (a) the actual financial fraud crime occurred due to the means of access leased by the Defendant; (b) the Defendant has the record of having been punished for the same kind of crime; and (c) other circumstances constituting the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive and consequence of the crime; and (d) the circumstances after the crime

arrow