beta
(영문) 대구지방법원 김천지원 2018.05.30 2018고단141

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 or lend any access medium while receiving, demanding or promising compensation therefor.

However, on September 26, 2017, the Defendant received a proposal from a person in unsound name, stating that “The Defendant will give 1.2 million won a physical card in the face value for three-day lending,” and then sent a copy of the physical card connected to the new bank account (Account Number: C) with the name of the Defendant through Kwikset in front of Busan Shipping Daegu, Busan, Busan, about 16:00 on the same day.

As a result, the Defendant promised to pay the price, and lent the access media to the name influence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report of investigation (report on the result of execution of a warrant for search and inspection) and application of Acts and subordinate statutes to report an investigation ( CCTV investigation at the point of withdrawal);

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act concerning the selection of punishment, the selection of imprisonment;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order: The factors of sentencing favorable to the actual crime that the leased access medium is used for the actual crime: A person who reflects the wrong and has no previous criminal record;