logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.13 2019고단6521
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

Nevertheless, on June 11, 2019, the Defendant received a proposal from a person who had misrepresented his/her employees to the effect that he/she would have his/her name and had him/her get a loan by making a false statement of transactions of withdrawal from deposits and getting him/her to get a loan. At that time, the Defendant sent a copy of the Cbank Card connected to the Cbank (D) account in the name of the Defendant to the person who was designated by the deceased in name in front of the Defendant’s residence located in Daegu North-gu B.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on deposit receipts, financial transaction information, and Kakao Stockholm messages;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. In full view of all the circumstances, including the fact that the defendant on the grounds of sentencing under Article 62(1) of the Criminal Act recognizes the act itself, the same criminal records do not exist, and the importance of legal interests infringed upon by the crime of this case, a sentence like the order shall be imposed on the defendant.

arrow