logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2020.05.29 2019고단1308
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

In using and managing a means of access, no one shall borrow or lend the means of access, or keep, deliver or distribute the means of access, requiring or promising any compensation therefor.

Nevertheless, around June 19, 2019, the Defendant received a proposal from the Sung-gun, Sung-gun, Gangwon-do, to the effect that the Defendant “on the face of sending the physical card to allow the withdrawal of interest,” and sent a copy of the physical card connected to the new cooperation account (B) under the name of the Defendant, by mail.

As a result, the Defendant promised to receive intangible expected gains from future loans and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the certificate of confirmation of transfer and the details of entry and withdrawal transactions;

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. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Incompetence] is a crime that is highly likely to be used for various crimes, such as tax evasion, gambling, fraud, etc.

The check that the Defendant lent was actually used for fraud crime.

The defendant arbitrarily consumeded the amount of KRW 1 million out of KRW 2.5 million of the amount of damage caused by Bophishing crime.

【Lied circumstances】 Some of the circumstances and motives of the crime can be considered.

Recognizing and opposing errors.

It seems that the amount equivalent to KRW 1.5 million out of KRW 2.5 million was returned to the victim.

There is no criminal record exceeding the same criminal record and fine.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.

arrow