logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.18 2019고단6587
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 the means of access, no person shall borrow or lend a means of access or keep, deliver or distribute a means of access with the knowledge that the means of access is to be used for a crime or will be used for a crime.

Nevertheless, on November 15, 2019, the Defendant received a proposal from a name-free person who misrepresented the borrower to the effect that “if sending a e-mail card, the Defendant would make false entries into the e-mail and take credit rating after getting loans, and then would get loans.” Around that time, the Defendant sent a copy of the e-mail card connected to the B Association (C) account in the name of the Defendant at a post office located in Daegu Northern-gu, Daegu-gu, Masan 2-dong.

Accordingly, the Defendant knowingly lent the means of access used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a petition (D), certificate of electronic financial transfer transaction, and police statement of D;

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act concerning criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act - The means of access lent by the defendant was used for the phishing crime, causing damage.

- Recognizing and opposing the commission of the offence;

There is no record of punishment except for one fine, and there is no record of the same kind of punishment.

In addition to the above circumstances, the defendant's age, character and conduct, occupation, family relationship, environment, motive, means and result of the crime of this case, circumstances after the crime of this case, etc., and various sentencing conditions shown in the arguments of this case shall be determined as ordered.

arrow