(영문) 광주지방법원 2020.11.27 2020고단4880

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.11.27 2020고단4880

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

Nevertheless, on March 2020, the Defendant received a proposal from a person who was not the deceased in the name of the Defendant and consented to the proposal that “4 million won shall be paid for the lending fee,” and around that time, the Defendant sent a physical card linked to the D Association account in the name of the Defendant from the C convenience store located in the Seo-gu in Gwangju, Seo-gu, Gwangju, to the person who was not the deceased in the name of the Defendant, and notified the password of the said card through the Kakao Stockholm.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of the DDR (A, No. 14);

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

1. In light of the fact that the Defendant had a record of being sentenced to a suspended sentence of four months of imprisonment with prison labor for the criminal facts that the Defendant had already established three accounts in the Jeonju District Court on November 23, 2017 and transferred the account to the large passbook operator in the name of the juristic person, and that the instant D Association account leased by the Defendant was used for the use of the singishing fraud, and that the amount of KRW 30 million was deposited with the said account, the Defendant arbitrarily transferred the amount of KRW 3 million to another account in the name of the Defendant (the Defendant asserts that the Defendant thought and used the said account as a lending fee) and used the said amount (the Defendant thought and used the said account as a lending fee), the Defendant’s arbitrary transfer of the amount of KRW 3 million to the said another account in the name of the Defendant, and thus, the punishment is inevitable for a strict punishment.

The sentence shall take into account the favorable circumstances such as the recognition of the crime and the reflection of it, and the age, character and conduct, family environment, motive and background of the crime, and circumstances after the crime.

참조조문

-전자금융거래법 제6조 제3항 제2호

-전자금융거래법 제49조 제4항 제2호

유사 판례

-춘천지방법원 강릉지원 2019.05.03 2019고단307

-춘천지방법원 강릉지원 2019.06.05 2019고단463

-창원지방법원 2019.10.16 2019고단2026

-서울남부지방법원 2020.05.27 2020고정746

-대구지방법원서부지원 2020.11.06 2020고단424