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(영문) 전주지방법원 군산지원 2020.02.05 2019고단1416
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

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 June 2019, the Defendant: (a) received C text message from an unknown person who misrepresented the “B” of the staff member of the liquor selling company at the on-site Library 6-gil 70, 600,000,000 won in return for the three-day use of the check in return for the three-day use; and (b) delivered on July 2, 2019, one check card connected with the Defendant’s name at the on-site Library, via Kwikset Service Articles.

As a result, the Defendant promised to pay compensation, and lent the means of access to his name in return.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a petition, a written confirmation of the results of electronic financial transfer, a reply (A), and each investigation report (report on attachment of a screen of C dialogue stored in a portable telephone, and reporting on attachment of a detailed statement of transactions in the accounts of D Bank);

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. Suspension of execution under Article 62 (1) of the Criminal Act (the act of lending means of access, etc. prohibited by the Electronic Financial Transactions Act shall be punished by imprisonment with labor in consideration of the following: (a) the act of lending means of access has been committed as a consequence of social termination in that it can be abused for crimes, such as scaming, tax evasion, gambling, etc.; (b) the act of lending means of access has been committed as long as social termination has been committed; (c) the actual occurrence of the victim of scaming; and (d) the criminal liability of the defendant is less than once; and (d) the execution of the act shall be postponed by taking into account all the conditions of sentencing, such as

1. Social service order under Article 62-2 of the Criminal Act;

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