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(영문) 인천지방법원 2020.07.22 2020고단4010
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 person shall transfer or acquire a means of access in using and managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, around March 30, 2019, the Defendant transferred the means of access by receiving KRW 1.2 million through Kwikset Service Articles, through Kwikset Service article, and delivering the means of access to the domains with two passbooks connected to the account in the name of a limited-liability company D (E) and the G bank account in the name of F (H) of a limited-liability company (E) and a limited-liability company (H).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on financial transaction information, receipts, and certificates of confirmation;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

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

1. Scope of recommendation [decision of types] according to the sentencing guidelines for offenses in violation of the Electronic Financial Transactions Act [Type 2]: Business, organizational, and crime for the purpose of using a crime (special person] for the purpose of use of crime: Simple participation [the scope of recommendation area and recommendation area], mitigation area, imprisonment with labor for one month to eight months;

2. Determination of sentence two corporations, opening an account, and transferring all relevant means of access; one of them is used on the illegal gambling site; and the account balance recovered after cancelling each account in the course of investigation was voluntarily presented to an investigation agency; and the sentencing conditions set forth in Article 51 of the Criminal Act, including the following, shall be determined within the scope of sentencing guidelines in light of the following circumstances:

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