logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.05.02 2019고단593
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years 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 a means of access or keep, deliver or distribute a means of access while demanding, demanding or promising compensation, unless otherwise expressly provided for in other Acts, or lend or lend a means of access or keep, deliver or distribute a means of access knowing that it is intended to use it for a crime or is to be used for a crime.

On December 2, 2018, the Defendant: (a) received a proposal from a person without his/her name (B.C) to offer KRW 1.50,000 won per case when he/she delivered goods; and (b) received the delivery date in response thereto; (c) however, on January 22, 2019, he/she tried to continue delivering the goods even though he/she knew that the delivery was a postal card and that the relevant postal card was used for money laundering.

On January 22, 2019, the Defendant delivered a e-mail card to E in accordance with the direction of the person who was unable to receive the above name in front of the entrance area 6. The Defendant sent the e-mail card over five times from around that time to February 12, 2019, as shown in the list of crimes in the attached list of crimes.

As a result, the Defendant committed an act of delivering a means of access while receiving compensation, while knowing that it will be used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each investigation report (the sequence 11, 12, 14, 15, 29 of the evidence list);

1. Application of Acts and subordinate statutes to investigation reports and accompanying documents (Nos. 23 through 26 of the evidence list);

1. Articles 49(4)2 and 6(3)2 of the relevant Electronic Financial Transactions Act concerning criminal facts (the delivery of the means of access to a means of access to a cost), Articles 49(4)2 and 6(3)3 of each Electronic Financial Transactions Act (the delivery of the means of access to a means of access to recognition of the use of a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

arrow