(영문) 대전지방법원 논산지원 2019.10.15 2019고단374

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(영문) 대전지방법원 논산지원 2019.10.15 2019고단374

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 one shall, in using and managing the means of electronic financial transactions, borrow or lend a means of access with the knowledge that such means are to be used for any crime or to be used for any crime, unless otherwise provided for in other Acts.

Nevertheless, on May 2019, the Defendant issued a proposal to the effect that “The Defendant would have his name in front of the B’s name in front of the B’s name in front of the World War Station,” “I wish to get him to receive high-profit profits related to the tax evasion of illegal Philippines casino business. However, it is difficult to believe that the Defendant has come to money, so it should be certified once again. our employees are unable to believe that the Cock card connected to the current account is transferred, and the account number and password are notified, and the card will be returned within 2-3 hours.” In response, the Defendant issued a proposal to the effect that “I will return the C Card within 2-3 hours from the current account under the name of the Defendant.” On the other hand, the Defendant sent the C Card connected to the B’s name in front of the Defendant, and notified D of the account number and password.

Accordingly, the Defendant knowingly lent the means of access to a crime such as illegal casino and tax evasion.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of a report on damage and E;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The following conditions are considered in light of the following conditions: The period of probation: (a) there is a previous conviction, and the use of the means of access is favorable to the fact that the nature of the crime is inferior by lending the means of access knowing that the crime is to be used: The defendant's age, character, character, environment, criminal records, criminal records, circumstances after the crime, and all the conditions of sentencing specified in the arguments in the instant case

참조조문

-전자금융거래법 제6조 제3항 제3호

-전자금융거래법 제49조 제4항 제2호

-형법 제62조 제1항

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