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(영문) 대구지방법원 서부지원 2020.04.21 2019고단2824
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No one shall, with respect to the use and management of the means of access of electronic financial transactions, borrow or lend the means of access or keep, deliver or distribute the means of access while receiving, demanding or promising compensation therefor, and shall not borrow or lend the means of access or keep, deliver or distribute the means of access knowing that they are to be used for a crime or for a crime.

Nevertheless, around June 5, 2019, the Defendant: (a) called “B Bank C Center’s staff member; (b) called from a name-free person who assumes the name-free person who assumes the name of “B Bank C Center”; (c) obtained a loan if he/she establishes the details of the loan transaction using a e-mail card; (d) obtained a loan; (e) obtained a false transaction performance; (e) obtained a loan by raising credit rating; and (e) obtained a so-called “illegal working loan”; and (e) obtained a loan by deceiving a lending company by raising a false credit rating; and (e) around June 6, 2019, sent a e-mail card connected to the Defendant’s bank account in the name of the Defendant and a e-mail card connected to the F Bank (G) account in the name of the Defendant and a e-mail card connected to the F Bank (G) account in the name of the Defendant, and sent the e-mail name to the Defendant.

As a result, the Defendant promised to receive compensation and lent a means of access knowing that it will be used for a crime or used for a crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes on the certificate of transfer, reply to the provision of financial transaction information, details of transaction in B bank account, and details of transaction in F bank account;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant under Article 62(1) of the Criminal Act committed the instant crime.

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