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(영문) 서울남부지방법원 2020.04.28 2020고단571
전자금융거래법위반
Text

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

Reasons

Punishment of the crime

【Criminal Records】

1. On March 23, 2016, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Seoul Central District Court, and on October 11, 2016, the Seoul Central District Court completed the enforcement of the sentence.

2. On June 13, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and ten months at the Seoul Western District Court on the preparation of qualification documents, etc., and the judgment became final and conclusive on June 14, 2019.

【In using and managing a means of access, no person shall borrow or lend a means of access, or keep, deliver or distribute a means of access in receiving, demanding or promising compensation.

Nevertheless, the Defendant received the proposal and accepted it, and then opened a post office account (C) account in the name of the company B in Seoul, Samyangdong post office on March 15, 2017, and issued the documents necessary for opening the bank account in the name of the company B in Seoul, Samyangdong post office on the same day, and delivered the corresponding passbook, cash card, andOTP device to the person who was not paid approximately KRW 50,00,000,000,000,000,000 from around that day to March 20, 2017, and delivered the means of access by receiving or promising payment four times in total as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police interrogation protocol of the accused;

1. Responses to requests for the provision of financial transaction information at the Seoul Yangyang-dong post office;

1. Answer to a request for the provision of financial transaction information by the Seoul Central Telecommunication Post Office;

1. Inquiries into each account;

1. Previous records of judgment: A criminal investigation report (Confirmation of a final judgment, etc. on the same kind of crime by a suspect), one written judgment, and the application of Acts and subordinate statutes after inquiry;

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

1. Article 35 of the Criminal Act among repeated crimes:

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