logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.04 2018고단3705
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 a means of access, no one shall lend the means of access while receiving, demanding or promising any compensation therefor.

On May 2018, the Defendant promised to receive KRW 500,000 per week in front of the Gwangju Northern-ro 235 (Jung-dong), in return for lending an account from a person with no personal knowledge, and leased the means of access by receiving KRW 500,000 from the Defendant’s bank account (C) in return for the lending of the account from the person with no personal knowledge.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of each transfer certificate Acts and subordinate statutes;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The act of lending the means of access to sentencing under Article 62(1) of the Criminal Act needs to be strictly punished as a means of other crimes. The means of access in this case that the Defendant lent was also used for the crime of fraud.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's confession of a crime and reflects his mistake, the fact that the defendant does not have any criminal records exceeding the same kind and fine, and the defendant's age, character and conduct, environment, motive of a crime and circumstances after a crime, shall be determined as ordered by considering the following factors.

arrow