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(영문) 의정부지방법원 2020.12.16 2020고단3634
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On July 15, 2020, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for an attempted special larceny at the Jung-gu District Court on July 15, 202, and the judgment became final and conclusive on July 22, 2020.

No person shall borrow or borrow a means of access, or keep, deliver or distribute a means of access, in receiving, demanding or promising compensation, and no person shall borrow or lease a means of access with the knowledge that it will be used for a crime or for the purpose of using it, or store, deliver or distribute a means of access with the knowledge that it will be used for a crime.

On February 2, 2020, the Defendant accepted the proposal that “The account to be used for private gambling will be paid in 2 million won per each account, if it is sent to the account,” from the person under whose name the Defendant used to use the NA as the clinic of “C” via the Internet.”

On February 2, 2020, the Defendant issued Kwikset Service Articles, who sent the above-mentioned names to Kwikset Service Articles with two accounts in the name of limited liability company D (E and F), with passbooks, check cards, and OTP, respectively.

Accordingly, the Defendant promised to make compensation and lent the means of access knowing that they will be used for crimes.

In using and managing the means of access for electronic financial transactions, no one shall transfer the means of access unless otherwise specifically provided for in any other Act.

Nevertheless, around July 27, 2019, the Defendant received the proposal that “if sold the passbook, he will give KRW 1.6 million in one month” from the person who was aware of the G search, and consented to it, and sold the passbook, check card, and OTP card linked to the IF account in the name of the IF bank account (J) established by the Defendant to the person who sent the above name on the front road of the Gu government H.

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