logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.04.29 2020고단593
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On December 17, 2019, the Defendant received a proposal from an employee in charge of telecommunications-based financial fraud in the name-based financial fraud and consented to lending if he/she send the check card. On the same day, the Defendant sent the check card to the place designated by the organization of telecommunications-based financial fraud in the name-based financial fraud in the name-based financial fraud.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to receipt for transfer to an account and a warrant of search, seizure and verification;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (amended by Act No.62(1) of the suspended sentence [the scope of sentence which is advantageous to the reasons for sentencing] : one month or three years [the decision of a sentence] ; - Violation of the Electronic Financial Transactions Act ; - Type 1 (General Offenses ] : simple participation [the general person] - where there is no actual amount of profit or minor amount of profit - : serious reflect [the scope of recommendation] mitigation area; 1 month or month to six months [the period of suspended sentence] - There is no positive reason for affirmative participation: In a case where there is no actual amount of profit or minor amount of profit: Social relation; - If there is no actual amount of profit or minor amount of profit: Imprisonment with prison labor 4 months; it is clear that the act of lending the means of access is more favorable to the defendant by facilitating various crimes such as tax evasion, Internet gambling; and the victim is considered to have suffered serious damage to the defendant's account using the financial institution.

arrow