logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.08.27 2019고단3559
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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 borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around June 20, 2019, the Defendant heard the statement that “I will lend KRW 10,000,000 from the person who was not the deceased person’s name, and will withdraw interest each month with the e-mail card if I sent the e-mail card,” and around June 24, 2019, the Defendant sent Kwikseter service articles sent by the deceased person with the name cards connected with the e-mail account in the name of the Defendant’s name (E). On June 24, 2019, the Defendant provided Kwikseter service articles sent by the deceased person with one e-mail and the password to the deceased person who was named in the name of the Defendant.

As a result, the Defendant promised to provide a means of access in return for an intangible expected profit to receive future loans, and lent it to a person who is named in bad faith.

Summary of Evidence

1. Defendant's legal statement;

1. F the police statement statement statement of the F with results of financial transfer, reply to a request for financial transaction information, and the application of statutes governing the Kakao dialogue;

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 reason for sentencing under Article 62(1) of the Criminal Act is that the means of access that the defendant lent to him/her was actually used for the crime of fraud, and that the defendant has a record of being punished once a suspended sentence of the same kind of crime.

However, in light of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, etc., the defendant confessions the crime of this case and repents the mistake, seems to have no benefit from the crime of this case, the left hand hand handout has cut off, and there is a disability.

arrow