logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2020.05.13 2020고단89
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On April 3, 2015, the Defendant was issued a summary order of KRW 1 million as an offense of violating the Electronic Financial Transactions Act from the Military Accounting Support of the Jeonju District Court.

【Criminal Facts】

No person shall receive the promise to receive and lend any means of access used in electronic financial transactions.

Nevertheless, around September 4, 2019, the Defendant can provide a loan to up to KRW 10,000 from a person who has no name in the name of the Defendant through a smartphone Kakakao Amo app.

To do this, the card should be sent for repayment purpose.

“On receipt of a message to that effect, the same month;

5. At around 17:17, at the port-dong post office located in the north-gu, 187, one check card connected to the bank account (C) in the name of the Defendant was delivered to the person in poor name using the post office’s house.

As a result, the Defendant promised to receive a future loan in return for an intangible expected profit and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Financial transaction receipts, and financial information replys to the B bank account (C) in the name of A;

1. Data to cut down the Kakao Stockholm conversation;

1. Previous convictions: Criminal history records, inquiry reports, confirmation of the same kind of power of a suspect A, criminal suspect's written opinions on the same power data (examination of suspicions of violation of the Electronic Financial Transactions Act) and application of relevant statutes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of offenses in violation of the Electronic Financial Transactions Act [Type 1] and the absence of general crimes [the scope of recommendations and recommendations] [the scope of recommendations and recommendations] and the basic area of punishment, April 1 to October.

3. The lending of the means of access to a sentence shall be different from those of tax evasion, gambling, painting, etc.

arrow