logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.11.25 2020고단214
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, 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

No one shall borrow or lend a means of access, or keep, deliver or distribute a means of electronic financial transactions in receiving, demanding or promising any compensation therefor.

Nevertheless, at around 15:00 on October 16, 2019, the Defendant promised to receive KRW 3 million from the needy in return for the lending of bank accounts on the front side of Yancheon-gu, Seoul Special Metropolitan City, the Defendant sent a physical card to the Nonindicted in the name of the Defendant via a door-to-door bank account (D), and lent the means of access to electronic financial transactions by notifying the needy in the form of a Kakao Stockholm of the password number.

Summary of Evidence

1. Investigation report by the defendant on the defendant's legal statement (a statement by the complainant and a detailed statement of deposit transactions);

1. Data on the provision of financial transaction information and replies;

1. Investigation report (to attach CCTV image data at a location of the E bank);

1. The application of Acts and subordinate statutes to a criminal investigation report (to attach CCTV image data at a 3-dong area in a corporate bank);

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. The act of lending the means of access to the grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act is not only detrimental to the security and reliability of electronic financial transactions, but also facilitating various crimes, such as singinging, etc., and the liability for the crime was not minor, and the means of access in this case was actually used for fraud, and is highly likely to be subject to criticism in light of the background of the instant crime

However, the defendant recognized the crime and divided his mistake, there is no record of punishment for the same kind of crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, shall be determined as the order.

arrow