logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2019.07.17 2019고단1664
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six 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

Except as otherwise provided for in any other Act, no one may lend a means of access to any electronic card used in electronic financial transactions and other means of access, such as an electronic card, electronic information equivalent thereto, certificate, password, etc., upon request or promise, unless otherwise provided for in any other Act.

Nevertheless, on September 2017, the Defendant received a text message stating that “if the bank account is lent for three days, the bank account will be paid in 300,000 won a day,” from the person who has not been named at the end of the month, and around September 2017, the Defendant sent the debit card (Account Number C) under the name of the Defendant to the person who has not been named, and sent it to the person who has not been named, and notified the password of the said debit card as a mobile phone text message.

Accordingly, the Defendant promised to receive and lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning D;

1. Application of Acts and subordinate statutes on financial transaction certificates, information on accounts (A), and details of account transactions;

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. The sentencing conditions indicated in the records, such as the fact that there is no criminal record of the same kind of punishment or more than the fine for the reason of the suspended sentence under Article 62(1) of the Criminal Act, and the fact that a mistake is repented after recognizing the crime, shall be determined as

arrow