logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.11.13 2018고단1381
전자금융거래법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

In using and managing access media, the Defendant was prohibited from lending access media in return for the promise to receive compensation. However, the Defendant promised to receive KRW 150,000 per day from the person without the name (hereinafter referred to as “C”) who is the operator of the “B” gambling site, to receive KRW 150,000 per day. On April 17, 2018, the Defendant issued a copy of the cash card connected to the account (D) in the name of the Defendant to the male designated by the said person under the name of the Defendant, at the end of Busan City’s annual system, around 14:50 on April 17, 2018.

As a result, the defendant promised to receive compensation and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on the transfer confirmation certificate, certificate of deposit transaction records, and Kakao conversation details;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the same Act, and Article 6 (3) 2 of the same Act, and selection of fines;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement is that the act of lending an access to electronic financial transactions with the reason for sentencing under Article 59(1) of the Criminal Code requires strict punishment as it can be used as a means of other crimes, and that the Defendant’s lending account was used for the sing

However, it seems that the defendant led to the confession of and reflect against the crime, the defendant's awareness of the seriousness of the crime of this case was insufficient due to the first adult of the society where he became the adult, and it was judged that the first offender who has no record of the crime of this case had a deep time to observe the criminal prosecution of this case, and thus, the possibility of repeating the crime of this case is very low, and that the money deposited in the defendant's account was returned to the victim of Bosing crime of this case, and the defendant was benefiting from the crime of this case.

arrow