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(영문) 인천지방법원 부천지원 2019.11.29 2019고단3154
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

No person may, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on December 2018, the Defendant received a proposal stating, “The card will return to a door-to-door, the card,” from a person in secret name, who misrepresented him as a master policeman B, who sent a 5 million won credit card to a non-indicted,” and received the proposal stating, “The card will return to a door-to-door.”

7. He sent a physical card to C, which was linked to a bank account (E) in the name of the defendant, at the two adjacent post offices located in the 540 A.M. Kimpo-si, Kimpo-si, and sent a password by telephone.

As a result, the Defendant promised to receive expected gains from future loans and lent the means of access to his name in return for the lending.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of details of transactions, details of accounts, and statutes governing account information;

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. The act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) is an act that facilitates various crimes, such as tax evasion, Internet gambling, and scaming, and the relevant social harm is not severe.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant reflects the mistake; (b) the motive and circumstances leading up to the instant crime; (c) the number of means of access transferred; (d) the amount of relevant damage; (e) the circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, family relationship, economic circumstances, etc.; and (d) the various sentencing

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