beta
(영문) 전주지방법원 2018.10.04 2018고단850

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than three 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

No person shall lend any access medium used for electronic financial transactions while receiving, demanding or promising the consideration therefor.

Nevertheless, the Defendant, on December 18, 2017, lent a passbook to be used for the purpose of tax evasion by a liquor company from a person on his name in the name of the deceased, received the message of Kakakao Stockholm to offer KRW 700,000 per annum. On the same day, “E” located in Kim Jong-si on the same day, sent two copies of the physical card, which is linked to the Agricultural Cooperative (G) in the name of the husband, and the Agricultural Cooperative (H) in the name of the Defendant, to the name of the deceased.

On the second trial date, the prosecutor filed an application for permission to amend the Bill of Indictment with the purport that the transfer of the No.C. C.C. C.C. card was added in the name of the defendant, and this court permitted this.

Accordingly, the defendant promised to receive compensation and lent the access media to others.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Application of each Act or subordinate statute on financial transaction information, such as a certificate of verifying transaction details, and the Kakao text message;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable circumstances among the following reasons for sentencing) is that the Defendant recognized the instant facts charged and expressed his intention to reflect on the mistake, and there is no other punishment except for the punishment of fines on two occasions due to fraud in around 2008, and that part of the Defendant’s account was suspected of being used as phishing and registered as an accident account, and that KRW 9.80,000 was returned to the victim by registering as an accident account, etc., which is favorable to the Defendant.