(영문) 수원지방법원 안산지원 2019.07.18 2019고단1661

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2019.07.18 2019고단1661

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

Except as otherwise expressly provided for in any other Act, no one may transfer any means of access to another person or lend any means of access with the receipt, request or promise of any compensation.

Nevertheless, it is possible for the Defendant to lend KRW 20 million from a person who assumes a false representation in a non-fluoral area in the city of Sinstitu (hereinafter referred to as "B") around January 28, 2019.

On January 29, 2019, upon receipt of a proposal to the effect that "as necessary for the repayment of loans, forwarding the check card," and around 11:30 on January 29, 2019, the means of access was transferred by inserting one copy of the check card connected with the Defendant's new bank account (D) in front of the first floor restaurant of the C building in Silung-si, by inserting it into the cell phone box, and transmitting it to the tape.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement of E;

1. Data requested for the provision of financial transaction information;

1. Seizure records;

1. Application of the Acts and subordinate statutes, such as text messages, physical cards and photographs;

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

1. Taking into account all the circumstances, including the following: (a) the means of access that the Defendant transferred to the Defendant for the reason of sentencing under Article 62(1) of the Criminal Act was used for the scam fraud crime; (b) the Defendant was subject to a disposition of unsuspecting the charge of aiding and abetting fraud around January 4, 2019; (c) on the other hand, the Defendant committed the instant crime even if he was subject to the disposition of being sentenced to the charge of committing the crime of aiding and abetting fraud; (d) the Defendant was not guilty; (e) the Defendant was not guilty; and (e) the deposit amount was deposited in the Defendant’s account; and (e) reported the fact related to the financial institution; (e) the Defendant was suspected of the deposit; and

참조조문

-전자금융거래법 제6조 제3항 제1호

-전자금융거래법 제49조 제4항 제1호

-형법 제62조 제1항

유사 판례

-인천지방법원 2019.09.05 2019고단5076

-창원지방법원 2019.10.24 2019고단2075

-서울중앙지방법원 2020.06.11 2020고단2499

-대구지방법원 서부지원 2019.12.06 2019고단1874

-서울서부지방법원 2019.10.30 2019고단2870