logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.04.29 2019고단5668
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

In using and managing the means of access, no one may lend the means of access while receiving or promising any consideration, unless otherwise specifically provided.

Nevertheless, around September 6, 2019, the Defendant received a proposal from a person who was unaware of his name and received a registration of his personal account to lower the company’s tax amount, and received it, and around September 11, 2009, the Defendant sent 2 check cards connected respectively to the Defendant’s name account under the name of the Defendant in front of the Defendant’s home located in the Dong Government-si B and the E Bank account (Account Number: D) through Kwikset Service, and around September 20, 2009, sent c check cards connected to the Defendant’s name account (Account Number: H) at the same place with the same method.

Accordingly, the defendant would receive compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Data on replys to warrants from each account;

1. Application of the Acts and subordinate statutes on Kakao Stockholm dialogue data;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Electronic Financial Transactions Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the respective crimes of violating the Electronic Financial Transactions Act due to lending of each e-mail card linked to the Cbank Account and E-bank Account);

1. Selection of punishment: Selection of each imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. 권고형의 범위: 징역 4월∽10월

2. Circumstances disadvantageous to the determination of sentence: if the means of access has been transferred, the means of access is highly likely to be used for other crimes, such as licensing, etc., and the account actually provided by the Defendant is deemed to have been used for the crimes of licensing, and the profits earned by the Defendant as a result of the instant crime are 6,50,000 won.

arrow