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(영문) 춘천지방법원 영월지원 2019.11.26 2019고단437
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 becomes final and conclusive.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, around June 5, 2019, the Defendant called the “C agency” of “B,” which is a lending company, after receiving text messages from a person who has no personal name, and instead assumes the “C agency” of “B,” which is a lending company, shall run a loan in the form of lending in P2P fund loans with funds of individual investors, and receiving interest. To this loan, the Defendant received a proposal that the Defendant’s e-mail card needs to be linked to the account of individual investors and the Defendant’s account.”

In the past 2012, the Defendant: (a) was aware that the account was transferred to an unspecified person in the name of the Defendant; and (b) was arrested by the police on the wind used for fraud; and (c) was punished as a violation of the Electronic Financial Transactions Act; (b) thus, the Defendant was aware that it could be used for criminal acts, such as scaming, if the means of access, such as the passbook or ecke card, was transferred to an unspecified person without identification.

Nevertheless, the Defendant accepted the proposal of a wounded person as above, and then sent a physical card connected to the D Bank account under the name of the Defendant at the Jin-si Office on the same day to the needy person by using a letter of the D Bank account in the name of the Defendant.

Accordingly, the Defendant knowingly lent the means of access to the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in F;

1. A written confirmation of details of transactions, a warrant of account transaction details, data response, internal investigation reports (a person who intends to provide loans to A and the contents of A's currency), investigation reports (verification of related records) and accompanying documents, as well as statutes;

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