logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.08.16 2019고단1812
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, on January 18, 2019, the Defendant received a proposal from a person without his name, stating that he would pay KRW 2.4 million in return, if he lends a e-mail card connected to an account as a liquor company for three days. At that time, the Defendant sent a copy of the e-mail card connected to the D Association account (Account Number E) in the name of the Defendant at the Da office located in Daegu Suwon-gu C office around that time.

As a result, the Defendant promised to pay for, lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Details of the withdrawal transactions and replies of information on financial transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the submission ofG conversation photographs);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Offenses against which the sentencing criteria are not set;

2. Determination of sentence: (a) comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission, circumstances after the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime, and

In light of the fact that the act of transferring or lending the means of access under the Electronic Financial Transactions Act is not only detrimental to the security and reliability of electronic financial transactions, but also the means to facilitate other crimes, it is not likely to be a crime

The means of access provided by the Defendant was actually used in the crime and a lot of damages have occurred.

The favorable circumstances: The defendant led to confession and reflect on the crime.

There are no criminal records of the same kind.

arrow