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(영문) 춘천지방법원 영월지원 2021.01.12 2020고단507
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

No person shall borrow or lend, or store, deliver or distribute, any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime.

On August 23, 2020, the Defendant was urged to offer a loan from a person without his name to the Kwikset service engineer, and the Defendant sent the Kakakao Stockholm to the Kwikset service engineer.

“ receives a proposal.”

In the past, the Defendant: (a) had transferred the access medium connected to the Defendant’s account in order to obtain a loan in light of the past 2016; and (b) had the record of being investigated due to the charge of violating the Electronic Financial Transactions Act by using the pertinent account for a singishing crime; (c) thus, the Defendant was aware that the check card can be used for the crime of singing, etc. in a case where the Defendant transferred it to the Defendant without permission, in response to the proposal that the lending would be avoided.

Nevertheless, the defendant accepted the proposal of the person without the name, and then notified the person without the name of the defendant to the above name B (C) of the password, and delivered the personal identification number of the two accounts to the person with the name of the defendant. On August 27, 2020, the defendant sent the personal identification card connected to the above accounts to the person with the name of the non-person without the name.

Accordingly, the Defendant lent access media with the knowledge that it will be used for the purpose of crime or crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The statement of currency, the Kakao Stockholm dialogue, a certificate of particulars by member transaction account, the response to a search and seizure warrant and each of the accompanying documents, six copies of the Kakao Stockholm dialogue, and the investigation report (this paper record) [the Defendant merely exceeded the check card to obtain a loan, and did not know that it was used for a crime;

The argument is asserted.

However, in order to obtain a loan as in this case in 2016, the Defendant issued a cream card.

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