logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2021.03.24 2020고단2277
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall lend any means of using or managing an access medium with a promise to receive, demand or promise the consideration.

Nevertheless, on June 23, 2019, the Defendant sent an account number, password, and a physical card connected thereto, which is necessary for the principal certification, to obtain a loan from a person who assumes a false name or misrepresentation of a lending business entity.

H. “In response to the proposal,” issued a letter to the name in the way of delivering to Kwikset service article a copy of C Bank Account in the name of the Defendant before the Kwikset Office in the same day Kimhae-si, which is linked to D Bank Account (E) in the name of the Defendant.

As a result, the Defendant promised to return the intangible expected interest to receive future loans in return for the future and lent the access media to the name influence.

Summary of Evidence

1. The application of the law of subparagraph (A) to confirm the details of the police’s statement transactions on F with the Defendant’s statutory statement, the details of the Kakao Stockholm dialogue, and the details of account entry and exit transactions;

1. Relevant legal provisions and Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202) on criminal facts and the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of a recommended punishment according to the sentencing guidelines [the types of decisions] the scope of a recommended punishment [the types of crimes in violation of the Electronic Financial Transactions Act] / [the Class 1] general crime [the person subject to special sentencing] mitigated elements: Where there are particularly extenuating circumstances in relation to the participation in or motive for crimes [the scope of recommendations and recommendations] mitigated areas, one month to six months in imprisonment;

3. Determination of sentence, taking into account the circumstances below the sentence, as well as the age, occupation, sex, environment, motive and means of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

An unfavorable circumstance: Lending an access medium.

arrow