logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.25 2016고단4479
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

No person shall lend a means of access while demanding, demanding or promising compensation.

Nevertheless, around July 2016, the Defendant promised to lend the head of the Tong to a person who assumes the misrepresentation of a seller of alcoholic beverages at KRW 1.5 million per month, and around that time, around the Defendant’s home located in Guro-gu Seoul Metropolitan Government, Kwikset service article opened a physical card and password connected to the bank account (C) in the name of the Defendant.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A detailed statement of deposit;

1. Certificates of deposit transaction (the bank account in the name of the defendant);

1. Application of Acts and subordinate statutes for making inquiries about customer information;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the occupation of lending means of access and the choice of imprisonment);

1. An unfavorable circumstance for sentencing under Article 62(1) of the Criminal Act: It is not good that the instant crime is committed by leasing a means of access that can be used in so-called singing crimes or Internet fraud crimes.

It cannot be said that the case is less that the damage occurred due to the actual use of the means of access such as the physical card lent by the defendant for the crime of fraud.

The defendant's mistake is recognized in favor of the favorable circumstances.

There is no history of criminal punishment against the defendant.

The above circumstances and the details of the Defendant’s commission of the instant crime, methods and contents thereof, circumstances after the commission of the crime, and other circumstances that form the conditions for sentencing as shown in the records and pleadings of the instant case, including the Defendant’s age, character and conduct, and environment, shall be determined as per Disposition.

arrow