logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.06.26 2018고단2047
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 lend a means of access while receiving, demanding or promising compensation.

Nevertheless, the Defendant promised to receive KRW 3,00,000 per week account by lending his name-free and the Defendant’s account for five days, and then sent a physical card connected to the Defendant’s corporate bank (C) account in front of the Defendant’s name in the 2018 Gyeonggi-si, on October 30, 2018, through Kwikset-si service.

Accordingly, the Defendant promised to receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Inquiry of details of financial transactions;

1. Details of the F dialogue;

1. Application of Acts and subordinate statutes on the closure of account closures;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances and the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the crime;

D. Unfavorable circumstances: The crime of this case is not easy in light of the number, etc. of means of access leased.

The so-called large passbook, which is distributed by the crime of this case, is highly likely to cause mass damage as it is planned and organized in a planned and organized manner, such as Bosing and illegal gambling. Therefore, a strict punishment is required to eradicate this.

In fact, one of the means of access lent by the defendant was used for the criminal conduct of licensing.

A favorable condition: the defendant.

arrow