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(영문) 인천지방법원 부천지원 2019.02.15 2018고단3236
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

On October 12, 2018, the Defendant accepted the proposal that “The Defendant will give three million won as rent for five days per body card” as text messages from a person who has not been named on his/her name.

On October 16, 2018, around 19:00, the Defendant sent 111 housing site and public parking lot path in Gyeyang-gu Incheon Gyeyang-gu, Incheon, through Kwikwikset Service Articles, one physical card connected to B Bank C account in the name of the Defendant, and one physical card connected to B Bank D account in the name of the Defendant, and notified the password to the nameless person by telephone.

Accordingly, the Defendant promised to pay compensation and provided two means of access to electronic financial transactions in a lump sum.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application for opening an account, customer information inquiry materials, and application of Acts and subordinate statutes on details of entry and departure transactions;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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’s motive and circumstance leading up to the instant crime; (b) the number of means of access transferred; (c) the amount of relevant damage; (d) the circumstances after the instant crime; and (e) the Defendant’s age, character and conduct, family relationship, economic circumstances, and the previous criminal records.

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