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(영문) 대전지방법원 2019.11.22 2019고단2837
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

On April 4, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), etc. in the leisure branch of Suwon District Court on April 4, 2019, and the judgment became final and conclusive on April 12, 2019, and on October 12, 2017, the Daejeon District Court sentenced six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) at the Daejeon District Court on April 30

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

Nevertheless, around February 2018, the Defendant: (a) obtained a proposal from B (c) that “The C Card is leased for exchange of bitcoin and will return it after two to three days,” and (b) accepted it; (c) then, on February 2018, the Defendant sent the C Card connected to the F Bank Account (G) in the name of the Defendant at the D Burial E Point located in Daejeon-gu, Daejeon; (d) one physical card connected to the F Bank Account (J) in the name of the Defendant; and (e) one physical card connected to the H I Association Account (J) in the name of the Defendant, to the said B.

Accordingly, the Defendant promised to lend the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against Defendant, H, and K;

1. N’s statement;

1. A report on investigation and internal investigation;

1. A detailed statement of account transactions, an application for new transactions, details ofO conversations, photograph of the closure of the details of preliminary conversation, a statement of damage transfer, and a cash card account statement;

1. Previous records of judgment: Criminal records, investigation reports (report attached to judgment, etc. of a suspect A), application of a copy of judgment, and application of statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

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