logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2019.05.30 2019고단291
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2018, the Defendant: (a) sent a e-mail card from a nameless person who misrepresented “B” to the effect that “B” is possible to grant a loan; (b) sent a e-mail card as it is necessary to collect loan interest and principal; and (c) sent a e-mail card on November 26, 2018 to obtain a loan; and (d) sent a e-mail card connected to the e-bank account (F) in the name of the Defendant at the D convenience store located in Han-si, Won-si around November 18, 2018 in order to obtain a loan.

Summary of Evidence

1. Defendant's legal statement;

1. G documents;

1. Application of Acts and subordinate statutes to a written confirmation of electronic financial transfer;

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The act of lending the means of access is an act that facilitates various crimes, such as tax evasion and scaming, and the social harm of the means of access is not so severe that the relevant crime is less severe.

The means of access leased by the Defendant was used for the crime of Bosing.

There is a history that the defendant has been subject to suspension of indictment for the same kind of crime.

A favorable circumstance: The defendant expected an intangible benefit that he/she can get a loan and transferred the means of access. There are reasons to consider the crime as a crime and an motive in particular.

The defendant recognized the crime of this case and is against the law.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

arrow