logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.09.18 2019고단1382
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 shall lend a means of access while receiving, demanding or promising compensation.

Nevertheless, on October 12, 2018, the Defendant discovered a loan without a personal seal through the Internet search, and then contacted the person without a personal seal to contact with the person without a personal seal, and suggested that "the interest is 10% per month, and the person with a personal seal is required to repay the interest and principal, so the person with a personal seal card is sent." On the same day, around 19:00 on the same day, the Defendant sent a personal seal card connected to the Defendant's Cbank account (D) at the front of Kwikkset-gu, Sindong-gu, Mayang-gu, Sikkset-gu, 19:00.

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 E by the police;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to the issuance of a warrant of search, seizure and verification of aC bank);

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. 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 applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

The crime of this case at a disadvantage: The defendant lent the check card to a person who has no name, and the so-called doorbook distributed therefrom is the starting point of a crime that is planned and organized, such as Bosing and illegal gambling, and is highly likely to cause mass damage. Therefore, a strict punishment is required to eradicate it.

arrow