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(영문) 의정부지방법원 고양지원 2020.01.08 2019고단2772
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, 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

【Criminal Power】 On June 16, 2017, the Defendant was sentenced to a suspended sentence of 4 months for a violation of the Electronic Financial Transactions Act from the Incheon District Court’s Branch Branch, which was sentenced to a suspended sentence of 2 months on June 20, 2018. On May 24, 2018, the said judgment was finalized on November 23, 2018 by imprisonment with prison labor for a violation of the Electronic Financial Transactions Act by the Seoul East District Court, and the said judgment became final and conclusive on the same year.

9. 20. The same year under which the Seoul Eastern District Court has been sentenced to a suspended sentence of two years for a period of imprisonment for violating the Electronic Financial Transactions Act;

9.28. The above judgment became final and conclusive.

【In using and managing a means of access, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, unless otherwise expressly provided for in any other Act.

Nevertheless, on June 2017, the Defendant: (a) proposed that “if a passbook is created and transferred to be used in futures trading, it shall make every KRW 700,000 per month” from Doman B; (b) lent the means of access, such as physical cards, security cards, Internet banking certificates, etc. connected with the company bank account in the name of the Financial Holding Company Co., Ltd.; (c) from January 2017 to October 2017, the means of access, such as the attached list of crimes, was lent to B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. AF bank G account balance certificate, I bank J account balance certificate under the name of H bank, K bank account balance certificate under the name of H bank, H company D account balance certificate under the name of H bank, C M bank N account balance certificate under the name of M bank, and E P account balance certificate under the name of M bank;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on investigation reports (Attachment to judgment related to ex post facto concurrent crimes against a suspect);

1. Criminal facts;

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