(영문) 창원지방법원 2019.01.10 2018고단3045

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2019.01.10 2018고단3045

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for four months.

except that 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 the means of access, no one shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that they are to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

Nevertheless, on July 10, 2018, the Defendant: (a) received a proposal from a person who was unable to know the name that he misrepresented the employees of B Bank from a person who was not aware of the name, stating that “a loan may be made by doing work without good credit; (b) creating transaction records instead of creating transaction records; and (c) making loans by sending a check card if it is sent; and (d) preparing a false loan transaction performance; and (e) notified the person who was not aware of the name that was connected to the account of C bank (Account Number: E) in the name of the Defendant at the window of Chang-si, Chang-si around 15:00 on July 10, 2018, in response to the proposal, the Defendant stated a new and secret number in response to the proposal.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions to a person who is not aware of being used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on financial transaction information response to execution;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant has no past record of criminal punishment, the confession of the defendant, and the fact that the defendant seems to have no benefit from

참조조문

-전자금융거래법 제6조 제3항 제3호

-전자금융거래법 제49조 제4항 제2호

-형법 제62조 제1항

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