logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 영동지원 2019.10.24 2019고단114
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in any other Act, no one shall lend a means of access with the receipt, request or promise of any compensation in using and managing the means of electronic financial transactions.

Nevertheless, around April 22, 2019, the defendant received a proposal that "the defendant changed the 5 million won loan from the person who was not the deceased's name," and accepted the proposal that "the cock card that can repay the principal and interest of the cocket" and then delivered the cock card to the person who was not the deceased's name by using the cock card connected with the post office account (D) in the name of the defendant in the name of the defendant at around 12:00 on the same day.

As a result, the Defendant promised to provide a means of access in return for an intangible expectation interest that can receive future loans, and lent it to a person who has not been named.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on dialogues and details of transfers;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (unfavorable circumstances) is that the act of lending a means of access is not only detrimental to the security and reliability of electronic financial transactions, but also to facilitate other crimes, and thus there is a high need

The means of access provided by the defendant was actually used for crime.

As long as the Defendant had been already punished for the same crime, it is not easy for him to commit the crime of this case, and the responsibility for such crime is not easy.

【Pried circumstances】 The Defendant recognized the instant crime.

The defendant seems to have no economic benefits from the crime of this case.

In addition, all the factors of sentencing, such as the defendant's age, reputation, health status, environment and family relationship, and circumstances after the crime, are considered as a whole.

arrow