beta
(영문) 수원지방법원 평택지원 2017.03.29 2016고단2930

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six 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 lease any access medium used in electronic financial transactions in return for the payment of such consideration.

Nevertheless, on September 12, 2016, the Defendant, who misrepresented the director of C Company D in front of Pyeongtaek-si B, promised to receive money in return for a short-term lease of passbook, etc. from a person who was not the name, who borrowed the passbook, etc. to reduce the import cost, to receive two weeks from the rental fee, and then delivered the physical card connected to the national bank account (E) opened in the name of the Defendant through Kwikset service article, to the above name in lieu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the details of deposit and withdrawal transactions, as a result of the transfer process by deposit account;

1. Relevant Article of the Act on Criminal Facts and Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which the punishment is chosen (or choice of imprisonment);

1. Determination on the application of the sentencing criteria under Article 62(1) of the Criminal Act (i.e., confession and reflectivity, motive for crime, acquisition of profits, and all other circumstances considered, such as the history of crime);