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(영문) 서울남부지방법원 2019.02.13 2018고단5133
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access knowing that he/she is to be used for a crime.

Nevertheless, around August 1, 2018, the Defendant, despite being aware of the Defendant’s workplace located in the second floor of Yeongdeungpo-gu Seoul Metropolitan Government, could be used for a crime, such as cryping, fraud, etc., the Defendant, via Kwikset Service Articles, issued one check card to the account in the name of the Defendant (Account Number: D) in the name of the Defendant.

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

No person shall borrow or lend a means of access knowing that he/she is to be used for a crime.

Nevertheless, around July 31, 2018, the Defendant, despite being aware of the Defendant’s workplace located in the second floor of Yeongdeungpo-gu Seoul Metropolitan Government, could be used for a crime, such as a prompt term “scaming” fraud, issued one check card to the name-oriented account (Account Number (F) account in the name of the Defendant via Kwikset Service Articles.

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

Summary of Evidence

[2018 Highest 513]

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Documents to be sent to the suspect A case, and documents for public perusal of the suspect who prepared the Gyeongnam Police Station;

1. G statements;

1. A written petition for the G production;

1. Details of transactions;

1. Details of the transfer of the suspect to the E bank or C bank account;

1. Details of the account in the name of the suspect Cbank (2018 highest 6704);

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A H statement;

1. Data to close a mobile phone with details of account transactions;

1. Details of each transfer;

1. A detailed statement of transactions in the deposit account (A, I);

1. Application of Acts and subordinate statutes to the details of deposit account transactions;

1. The point of lending the means of access under Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act regarding criminal facts and the choice of punishment.

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