logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.08.13 2019고단3251
전자금융거래법위반
Text

A defendant shall be punished by imprisonment 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

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

On October 14, 2018, the Defendant promised to provide a loan from a person who has no personal name to "on the face of sending a physical card, to increase the credit rating by accumulating the financial transaction performance and raising the credit rating." At the convenience store in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant sent a personal identification number to the person who has no personal name through Kwikset service article and one head of Tong connected with the Dwikset account (E) under the name of the Defendant.

Accordingly, the Defendant, even though being aware of being used in the crime, lent the means of access to his name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on account transfer;

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

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The sentence shall be determined as per the Disposition, comprehensively taking into account various circumstances that form the sentencing conditions shown in the records and arguments of the instant case, such as the age, character and conduct, environment, motive and means of the crime, and the consequences of the crime, including the fact that the means of access that was leased was used to commit the crime and that there was no record of criminal punishment: The number of circumstances that form the sentencing conditions

arrow