logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.08.08 2019고단1072
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 lend the means of access to an electronic financial transaction while receiving, demanding or promising any consideration.

Nevertheless, around March 15, 2019, the Defendant borrowed a personal account as a matter of tax reduction and exemption through text messages and D hosting from a person who is unaware of his/her own name claiming “employee of a liquor company.” The Defendant received a proposal to the effect that he/she would pay KRW 2.4 million if he/she borrowed the e-mail card for three days, and sent a e-mail card connected to the Defendant’s bank account in the name of Han Bank (E) by using the e-mail.

As a result, the Defendant promised to pay for, lent the means of access to electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of D dialogues related to a suspect's crime), and a copy of D message;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. The grounds for sentencing under Article 62(1) of the Criminal Act recognize and reflects the Defendant’s mistake, and there is no record of punishment for the same crime, the act of lending the means of access under the Electronic Financial Transactions Act not only undermines the security and reliability of electronic financial transactions, but also facilitates other crimes, and the means of access actually provided by the Defendant has been used for the crime (However, the amount of Bosing damage is not actually withdrawn and is likely to have been returned to the victim), and other punishment as ordered, by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument of this case.

arrow