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(영문) 창원지방법원 통영지원 2019.09.26 2019고단689
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for 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

In using and managing a means of access, no one shall borrow or lend, keep, deliver or distribute the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, around February 20, 2019, the Defendant received a proposal and consented to the proposal, and sent a e-mail card under the name of the principal so that it can be used for receiving principal and interest.” On March 5, 2019, the Defendant sent a e-mail card connected with the account of community credit cooperatives (E) in the name of the Defendant before the Tong-si C and D D D D D D D D D D D D D D Association, and sent the above e-mail card to Kwikset service, and sent the above e-mail card to the above e-mail, and notified the password by telephone.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit, and lent the means of access to a person who has no name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of seizure warrants and correspondences (the details of account transactions);

1. Application of the Acts and subordinate statutes on the details of Gation to persons who are not registered;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act that choose a sentence, and the choice of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant re-offending the same crime even though he/she had been punished by a fine once for the same kind of crime, the background leading to the crime, the personal check that the defendant lent was used for the scaming crime, the time of and reflects on the crime, and other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order.

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