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(영문) 서울남부지방법원 2019.10.17 2019고단4017
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for three 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 lend the means of access while receiving, demanding or promising any compensation therefor.

On February 28, 2019, the Defendant issued a text message to the effect that a loan can be made from a nameless person using the name “B” and exchanged with a nameless person using the telephone, and that “B is an employee in charge of loans of the C Bank, who is an employee in charge of loans of the C Bank, and 15 million won can be loaned at 3% interest. It is possible to create a trade name card and send a physical card.”

On March 2019, the Defendant issued a physical card connected to the D Bank account (Account Number: E) in the name of the Defendant through Kwikset Service Articles, through Kwikset Service Articles, who sent the false names to the winners of the name in the vicinity of 168, Gangseo-gu, Seoul, Gangseo-gu, 168, in order to obtain a loan.

As a result, the Defendant promised to receive a future loan in return and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes, such as details of trading and account trading;

1. Relevant Article 49 (4) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense and Articles 6 (3) 2 and 6 (3) 2 of the Act on Electronic Financial Transactions;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to sentencing guidelines [decision of types] the general crime [Class 1] and mitigation elements of crimes in violation of the Electronic Financial Transactions Act: Where there exist particularly extenuating circumstances in relation to the commission of crimes or motive for crimes (the scope of recommendations and recommendations], the area of mitigation of punishment, and one to six months of imprisonment;

3. The records and arguments of this case, including the circumstances under which the sentence of punishment was determined, the circumstances leading to the defendant to commit the crime, the age, character and conduct, environment, and criminal records of the defendant.

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