logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.08.30 2019고단108
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 person shall lend the means of access used in an electronic financial transaction in receiving, demanding or promising any consideration.

On March 8, 2018, at least 14:00, the Defendant received a proposal from an unqualified person to “to receive overseas export goods. To use the e-mail card for one week and to pay KRW 3 million if the e-mail card is lent,” and accepted it, the Defendant sent the e-mail card number to the above-known person through Kwikset and notified the password of the e-mail of the above account.

Accordingly, the Defendant promised to pay compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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 act of lending the means of access to the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") is serious as an act facilitating various crimes, such as tax evasion, Internet gambling, and scaming, and such social harm is serious.

However, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the trial of this case, such as the defendant's misjudgments, the primary offender, the motive and circumstances leading up to the crime of this case, the amount of relevant damage, the number of means of access transferred, the circumstances after the crime, the age, character, conduct, family relationship, and economic circumstances.

arrow