logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2020.12.17 2019고단4034
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 may, in using and managing the means of access to electronic financial transactions, borrow or lend the means of access while receiving, demanding or promising any compensation therefor.

On April 22, 2019, around 19:00, the Defendant borrowed the means of access used for electronic financial transactions in his/her name to obtain a loan by receiving a proposal that “the principal and interest of the loan would be a loan to be made by depositing in the account under the name of the Defendant. However, the principal and interest of the loan would be withdrawn if it is repaid by depositing in the account under the name of the Defendant.” After receiving a proposal that “the payment of the loan and interest of the loan to be deposited in the account to be deposited in the principal and interest of the loan would be changed,” and then the Defendant given a letter and password linked to the Korean Investment Securities Account (D) account under the name of the Defendant, through Kwikset Service Delivery Board.

As a result, the Defendant promised to receive intangible prices such as receiving loans and lent the means of access to electronic financial transactions.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to E by the police;

1. Details of account transactions and financial transactions;

1. The application of the Canadian dialogue content, the investigation report (No. 2) statute

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (Options of Imprisonment with prison labor);

1. The crime, such as this case’s reason for sentencing under Article 62(1) of the Criminal Act, is a major social adverse effect, such as that the means of access transferred is abused for a financial fraud crime, and considering the fact that the means of access transferred by the Defendant is actually used for a financial fraud crime, the Defendant’s responsibility is not exceptionally applied.

However, it is reasonable to consider that the defendant was the first offender, and that the defendant was harsh to the financial fraud offender for the purpose of obtaining a loan and caused the crime of this case.

The Defendant’s age, character and conduct, including the above circumstances.

arrow