logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.05.10 2018고단5114
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

In using and managing a means of access, no one shall borrow or lend the means of access while receiving, demanding or promising any compensation, unless otherwise specifically provided for in any other Act.

Nevertheless, the Defendant: (a) received a telephone and accepted the phone that “I will use one month connected to the account” from a Buddhist person who misrepresented B, and (b) received it; (c) on June 14, 2018, around 16:00, the Defendant sent one check card connected to the DB account in the name of the Defendant through Kwikwikset Service Articles in front of the Gangseo-gu Seoul Metropolitan City C market.

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A written confirmation of the results of electronic financial transfer;

1. Application of Acts and subordinate statutes on lists of Transactions by Account;

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. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be determined as ordered by taking full account of various circumstances, including the following: The fact that the means of access was used to commit the crime and the damage was incurred due to the use of the means of access, the amount to be received as the consideration for the lending, the fact that the defendant was absent several times on the date the judgment was pronounced, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions shown in the records and arguments, including the circumstances after the crime, etc.

arrow